Does Big Blue Swim School guarantee the performance of suppliers to Big Blue Swim School franchisees?
Big_Blue_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
7.D.3 Despite the foregoing, we may limit the number of approved suppliers and distributors with which you may deal, designate sources you must use, and refuse any of your requests for any reason, including, without limitation, because we have already designated an exclusive source (which might be us or one of our affiliates) for a particular item or service or believe that doing so is in the BIG BLUE Swim School network's best interests. You acknowledge that it might be disadvantageous from a cost and service basis to have more than one supplier in a given market area, and that we have the right to consider the impact of any supplier approval on our and our franchisees' ability to obtain the lowest distribution costs and best service. However, we make no guaranty, warranty, or promise that we will obtain the best pricing or most advantageous terms on behalf of BIG BLUE Swim Schools. We also do not guaranty the performance of suppliers and distributors to BIG BLUE Swim Schools. We are not responsible or liable if the products or services provided by a supplier or distributor fail to conform to or perform in compliance with Brand Standards or our contractual terms with the supplier or distributor.
Source: Item 22 — CONTRACTS (FDD pages 75–76)
What This Means (2025 FDD)
According to the 2025 FDD, Big Blue Swim School does not guarantee the performance of its approved suppliers and distributors. Big Blue Swim School may designate certain suppliers that franchisees must use, and while they may set requirements relating to product quality, safety, pricing, and supply chain reliability, they do not guarantee the performance of these suppliers.
This means that if a supplier fails to meet Big Blue Swim School's brand standards or contractual terms, Big Blue Swim School is not responsible or liable. The franchisee bears the risk of supplier performance issues, which could impact their operations and customer satisfaction.
This is a fairly standard practice in franchising, as franchisors typically do not want to assume liability for the actions of independent suppliers. However, it is important for prospective franchisees to carefully evaluate the approved suppliers and distributors and understand the terms of their agreements to mitigate potential risks.