Is a Big Blue Swim School franchisee allowed to proceed with a site that Big Blue Swim School has not accepted?
Big_Blue_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
You must locate, evaluate, and select each School's site. You must give us all information and materials we request to assess each proposed School site. We will not search for or select the site for you. However, using local commercial real estate brokers, we may propose potential School sites for your consideration in your Site Selection Area (under the Franchise Agreement) or Territory (under the Development Rights Agreement). Proposal of a School's site will be based on our then-current criteria for BIG BLUE Swim School sites, including population density and other demographic characteristics, visibility, traffic flow, competition, accessibility, ingress and egress, size, and other physical and commercial characteristics.
We will review potential BIG BLUE Swim School sites that you identify within the Territory and may, but have no obligation to, visit the Territory once (for no additional fee) to review potential sites for each BIG BLUE Swim School to be constructed and developed under the DRA. We have the right to require you to reimburse our out-of-pocket expenses for each site visit after the first per-Swim School visit. We have the right to condition our acceptance of a proposed site, or a proposed site visit, on your first sending us complete site reports and other materials (including photographs and digital recordings) we request. We agree to use reasonable efforts to review and accept (or not accept) sites you propose within 30 days after we receive all requested information and materials. You may not proceed with a site that we have not accepted.
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS, AND TRAINING (FDD pages 37–51)
What This Means (2025 FDD)
According to the 2025 Big Blue Swim School Franchise Disclosure Document, a franchisee is not allowed to proceed with a site that Big Blue Swim School has not accepted. The FDD states that the franchisee must locate, evaluate, and select each school site and provide Big Blue Swim School with all necessary information to assess the proposed site. While Big Blue Swim School may propose potential sites for consideration using local commercial real estate brokers, the franchisee is ultimately responsible for the site selection. Big Blue Swim School will review the potential sites and use reasonable efforts to either accept or reject the proposed site within 30 days of receiving all requested information.
Big Blue Swim School has the right to condition their acceptance of a proposed site on the franchisee first sending complete site reports and other materials, including photographs and digital recordings. This ensures that Big Blue Swim School has sufficient information to make an informed decision about the suitability of the site. The franchisor also states that the franchisee may not proceed with a site that they have not accepted.
This requirement ensures that all Big Blue Swim School locations meet the brand's standards and criteria, maintaining consistency and quality across the franchise system. It also protects both the franchisee and the franchisor by preventing the establishment of a school in a location that is not deemed suitable for success. A prospective franchisee should carefully consider this requirement and work closely with Big Blue Swim School during the site selection process to ensure that the chosen location meets the franchisor's approval.