Can a franchisee 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 FDD, a franchisee cannot proceed with a site that Big Blue Swim School has not accepted. The FDD states that the franchisee is responsible for locating, evaluating, and selecting the site for their swim school. The franchisee must provide Big Blue Swim School with all necessary information to assess the proposed site. While Big Blue Swim School may propose potential sites based on their criteria, the franchisee ultimately makes the selection.
Big Blue Swim School agrees to review potential sites and will use reasonable efforts to either accept or reject the proposed site within 30 days of receiving all required information. However, the franchisee is explicitly prohibited from proceeding with any site that Big Blue Swim School has not accepted.
This requirement ensures that all Big Blue Swim School locations meet the brand's standards for success, including factors like population density, visibility, traffic flow, and accessibility. By maintaining control over site selection, Big Blue Swim School aims to protect its brand reputation and ensure consistency across all franchise locations. Failing to adhere to this policy could result in a breach of the franchise agreement.