Is a Big Blue Swim School franchisee required to communicate clearly with employees that they are the employer?
Big_Blue_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
ermination, 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 Franchise Disclosure Document, franchisees are required to communicate clearly with their employees, confirming that the franchisee is their employer and that Big Blue Swim School, as the franchisor, is not. This communication must be included in employment agreements, human resources manuals, written and electronic correspondence, paychecks, and other materials.
Big Blue Swim School franchisees must also obtain an acknowledgment from all school employees, using a form specified or approved by the franchisor, confirming that the franchisee (and not Big Blue Swim School or its affiliates) is their employer. This requirement is in place to ensure that there is no confusion about the employment relationship and to protect Big Blue Swim School from potential liabilities related to the franchisee's employees.
This requirement is typical in franchising, as franchisors want to maintain a clear distinction between their role and the franchisee's role as an employer. By ensuring that employees understand who their employer is, Big Blue Swim School aims to avoid any potential legal issues related to employment practices and labor relations. The franchisee has sole responsibility and authority for their labor relations and employment practices, including employee selection, promotion, termination, hours worked, rates of pay, benefits, work assigned, discipline, adjustment of grievances and complaints, and working conditions.