Must a Big Blue Swim School franchisee obtain an acknowledgment from all employees that the franchisee is their employer?
Big_Blue_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
inal background checks and due diligence on the School's employees (although you alone will review the results and make employment decisions on the basis of those results), and courteous service to customers. However, you have sole responsibility and authority for your labor relations and employment practices, including, among other things, employee selection, promotion, termination, hours worked, rates of pay, benefits, work assigned, discipline, adjustment of grievances and complaints, and working conditions. School employees are exclusively
under your control at the School. You must communicate clearly with School employees in your employment agreements, human resources manuals, written and electronic correspondence, paychecks, and other materials that you (and only you) are their employer and that we, as the franchisor of BIG BLUE Swim Schools, and our affiliates are not their employer or joint employer and do not engage in any employer-type activities (including those described above) for which only franchisees are responsible.
Source: Item 22 — CONTRACTS (FDD pages 75–76)
What This Means (2025 FDD)
According to the 2025 Big Blue Swim School FDD, franchisees must clearly communicate to their employees that the franchisee is their sole employer, and that Big Blue Swim School, as the franchisor, is not their employer or joint employer. This communication must be included in employment agreements, human resources manuals, written and electronic correspondence, paychecks, and other relevant materials.
To ensure compliance, Big Blue Swim School franchisees are required to obtain a signed acknowledgment from all school employees. This acknowledgment, in a form specified or approved by Big Blue Swim School, confirms that the employee understands that the franchisee, and not Big Blue Swim School or its affiliates, is their employer.
This requirement is intended to reinforce the independent contractor relationship between Big Blue Swim School and its franchisees, and to clarify the employment relationship between the franchisee and their employees. By obtaining this acknowledgment, Big Blue Swim School aims to avoid any potential legal issues related to co-employment or liability for the franchisee's employment practices. This is a fairly standard practice in franchising, as franchisors generally want to avoid being considered the employer of the franchisee's employees.