For a franchisee's third Big Blue Swim School, is Big Blue Swim School obligated to send an opening team?
Big_Blue_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
We will send an "opening team" (involving the number of people we determine) to the School in connection with its opening to the public for business for at least three (3) days (typically starting before and continuing after actual opening), as we deem best under the circumstances, if this Agreement covers your first or second BIG BLUE Swim School. For your third and each subsequent BIG BLUE Swim School, we may (but have no obligation to) send an opening team for some amount of time we deem reasonable. The opening team will help you train your supervisory employees on our philosophy and Brand Standards (but not matters relating to labor relations and employment practices) and prepare the School for opening. We will pay our opening team's wages and TRE. However, if you request, and we agree to provide, additional or special guidance, assistance, or training during this opening phase (excluding training relating to labor relations and employment practices), you must pay our then-current training fee in addition to our personnel's daily charges (including wages) and TRE. We may delay the School's opening until all required training has been satisfactorily completed.
Source: Item 22 — CONTRACTS (FDD pages 75–76)
What This Means (2025 FDD)
According to the 2025 Big Blue Swim School FDD, for a franchisee's first or second Big Blue Swim School location, Big Blue Swim School will send an opening team to the school in connection with its opening to the public for at least three days. However, for the franchisee's third and each subsequent Big Blue Swim School, Big Blue Swim School may send an opening team for an amount of time they deem reasonable, but they are under no obligation to do so.
The opening team, when provided, will assist in training supervisory employees on Big Blue Swim School's philosophy and brand standards, excluding matters related to labor relations and employment practices, and help prepare the school for opening. Big Blue Swim School will cover the opening team's wages and travel-related expenses (TRE).
If a franchisee requests additional or special guidance, assistance, or training during the opening phase, beyond what Big Blue Swim School typically provides (and excluding training related to labor relations and employment practices), the franchisee must pay Big Blue Swim School's then-current training fee, as well as the personnel's daily charges (including wages) and TRE. Big Blue Swim School retains the right to delay the school's opening until all required training has been satisfactorily completed.