What is the geographic limit for the site selection of a Big Blue Swim School?
Big_Blue_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
If the School's address is unknown as of the Effective Date, this Section 4.B will govern the site selection and acceptance process. Within two hundred ten (210) days after the Effective Date, but subject to the potential extensions described below in Section 4.C, an acceptable site for the School within the exclusive geographical area described in Exhibit A (the "Site Selection Area") must be found and secured. The timeframe during which the School's site must be located, accepted, and secured within the Site Selection Area (the "Site Selection Period") will expire upon the earliest of (a) our acceptance of the School's site and Lease and giving you an amended and restated Exhibit A, (b) this Agreement's termination, or (c) two hundred ten (210) days after the Effective Date.
- 4.B.2 We may (but have no obligation to) visit the Site Selection Area to review potential School sites. Using local commercial real estate brokers, we may recommend potential School sites for your consideration. Recommendation of a School's site will be based on our then-current criteria for BIG BLUE Swim School sites, including, without limitation, population density and other demographic characteristics, visibility, traffic flow, competition, accessibility, ingress and egress, size, and other physical and commercial characteristics.
- 4.B.3 We will not unreasonably withhold our acceptance of a site if, in our experience and based on the factors outlined above, the proposed site is not inconsistent with sites that we regard as favorable or that otherwise have been successful sites in the past for BIG BLUE Swim Schools. However, we have the absolute right to reject any site not meeting our criteria or to require you to acknowledge in writing that a site you prefer is accepted but not recommended due to its incompatibility with certain factors that bear on a site's suitability as a location for a BIG BLUE Swim School.
- 4.B.4 You must evaluate and ultimately approve the selection of the School's site. Our recommendation and acceptance of a site indicates only that we believe the site is not inconsistent with sites that we regard as favorable or that otherwise have been successful sites in the past for BIG BLUE Swim Schools. Applying criteria appearing effective with other sites might not accurately reflect the potential of all sites, and demographic or other factors included in or excluded from our criteria could change, altering a site's potential. The uncertainty and instability of these criteria are beyond our control, and we are not responsible if a particular site fails to meet your expectations. Once a proposed site is accepted and secured, we will list the accepted site's location as the School's address in Exhibit A.
Source: Item 22 — CONTRACTS (FDD pages 75–76)
What This Means (2025 FDD)
According to the 2025 Big Blue Swim School Franchise Disclosure Document, the geographic limit for site selection is defined by the "Site Selection Area". Within 210 days of the franchise agreement's effective date, the franchisee must find and secure an acceptable site for their Big Blue Swim School within this exclusive Site Selection Area.
The Site Selection Period concludes when Big Blue Swim School accepts the site and lease, provides an updated Exhibit A, the agreement terminates, or 210 days pass after the effective date. Big Blue Swim School may offer recommendations for potential sites based on factors like population density, visibility, traffic flow, competition, accessibility, size, and other commercial characteristics. However, the franchisee is ultimately responsible for evaluating and approving the site.
Big Blue Swim School retains the right to reject a site if it doesn't meet their criteria or to require the franchisee to acknowledge in writing that a preferred site is accepted but not recommended due to incompatibility with certain factors. Exhibit A to the franchise agreement contains a description and image of the exclusive Site Selection Area, which is simply the geographical area within which Big Blue Swim School will look for the School's site. The Site Selection Area does not determine the size or description of the Area of Protection.