Can a Big Blue Swim School franchisee operate the School at a site other than the accepted site?
Big_Blue_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
12 TERRITORY**
Franchise Agreement
You will operate the School at a specific location that we consider to be acceptable. (We do not "approve" sites; we "accept" them under the circumstances described in Item 11.) If the School's address is unknown when the Franchise Agreement is signed, an acceptable site for the School must be found and secured within 210 days after execution. We will identify in the Franchise Agreement an exclusive Site Selection Area in which the site must be found. We have the right to terminate the Franchise Agreement if the School's site is not found and secured within those 210 days.
You may operate the School only at the accepted site. You may not relocate the School without our prior written consent, which we have the right to grant or deny as we deem best. Whether or not we will allow relocation depends on circumstances at the time and what is in the School's and our system's best interests. Factors include, for example, the new site's market area, its proximity to other Schools in our system, whether you are complying with your Franchise Agreement, and how long it will take you to open at the new site.
Conditions for relocation approval are (1) the new site and its lease are acceptable to us, (2) you pay us a reasonable relocation fee not to exceed $25,000, (3) you reimburse any costs we incur during the relocation process, (4) you confirm that your original Franchise Agreement remains in effect and governs the School's operation at the new site with no change in the franchise term or, at our option, you sign our then-current form of franchise agreement to govern the School's operation at the new site for a new franchise term, (5) you sign a general release, in a form satisfactory to us, of any and all claims against us and our owners, affiliates, officers, directors, employees, and agents, (6) you continue operating the School at its original site until we authorize its closure, and (7) you de-brand and de-identify the School's former premises within the timeframe we specify and at your own expense so it no longer is associated in any manner (in our
Source: Item 12 — TERRITORY (FDD pages 51–55)
What This Means (2025 FDD)
According to the 2025 Big Blue Swim School Franchise Disclosure Document, franchisees must operate their school at a specific location that Big Blue Swim School deems acceptable. The FDD clarifies that Big Blue Swim School does not "approve" sites, but rather "accepts" them. If the school's address is not known when the Franchise Agreement is signed, an acceptable site must be found and secured within 210 days after the agreement's execution. The Franchise Agreement will identify an exclusive Site Selection Area in which the site must be located. Failure to secure a site within the 210-day timeframe gives Big Blue Swim School the right to terminate the Franchise Agreement.
Big Blue Swim School franchisees are explicitly restricted to operating the school only at the accepted site. Relocation is possible, but it requires prior written consent from Big Blue Swim School, which they may grant or deny at their discretion. The decision to allow relocation depends on various factors, including the new site's market area, its proximity to other Big Blue Swim Schools, the franchisee's compliance with the Franchise Agreement, and the time required to open at the new location.
To gain approval for relocation, a Big Blue Swim School franchisee must meet several conditions. These include ensuring the new site and its lease are acceptable to Big Blue Swim School, paying a relocation fee not exceeding $25,000, and reimbursing any costs Big Blue Swim School incurs during the relocation process. Additionally, the franchisee must confirm that the original Franchise Agreement remains in effect or, at Big Blue Swim School's option, sign the then-current form of franchise agreement for a new franchise term. The franchisee must also sign a general release of claims against Big Blue Swim School and continue operating at the original site until authorized to close. Finally, the franchisee is responsible for de-branding the former premises so it is no longer associated with the Big Blue Swim School system.