What happens once a proposed site for a Big Blue Swim School is accepted and secured?
Big_Blue_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
4.C. Lease Negotiation and Acceptance
- (1) You will negotiate the lease or sublease (and any renewals, amendments, or extensions of the lease or sublease) (collectively, the "Lease") that will govern your occupancy and lawful possession of the School's site. The Lease will include the Lease Rider substantially in the form attached to this Agreement as Exhibit D. Review or negotiation of the Lease by either us or an approved vendor is not a guarantee or warranty, express or implied, of the School's success or profitability or of the Lease's suitability for your business purposes. Such review or negotiation indicates only that the site and the Lease terms appear adequately to protect our interests and/or the interests of other franchisees in the BIG BLUE Swim School system, to the extent those interests are implicated in the Lease. You agree to review the negotiated lease with your own legal and other advisors before signing it to confirm that all commercial and other terms are acceptable to you.
- (2) A Lease must be signed by the end of the Site Selection Period. However, if you cannot sign a Lease by the end of the Site Selection Period despite your diligent efforts to do so, you may request (at no cost to you) two separate thirty (30)-day extensions to sign the Lease. We will not unreasonably deny your request if the reasons for each extension request demonstrate your diligence in the site selection and leasing process. However, these extensions are not available if we exercise our right to terminate this Agreement because you reject a Qualified Site.
(3) After your Lease is executed, you must send us prior notice of any revisions to its terms, whether proposed by you or the landlord, and we may negotiate, and/or accept or reject, those proposed revisions before they become effective.
Source: Item 22 — CONTRACTS (FDD pages 75–76)
What This Means (2025 FDD)
According to the 2025 Big Blue Swim School Franchise Disclosure Document, after a site is accepted, the franchisee must negotiate a lease or sublease (the Lease) that governs occupancy and lawful possession of the school site. This Lease must include a Lease Rider in the form attached to the Franchise Agreement as Exhibit D. Big Blue Swim School's or an approved vendor's review or negotiation of the Lease does not guarantee the school's success or profitability. It only indicates that the site and Lease terms adequately protect Big Blue Swim School's and other franchisees' interests. The franchisee is advised to review the negotiated lease with their own legal and other advisors before signing to confirm that all commercial and other terms are acceptable to them.
The Lease must be signed by the end of the Site Selection Period. If the franchisee cannot sign a Lease by the end of the Site Selection Period despite diligent efforts, they may request two separate thirty-day extensions to sign the Lease at no cost. Big Blue Swim School will not unreasonably deny the request if the reasons for each extension request demonstrate diligence in the site selection and leasing process. However, these extensions are not available if Big Blue Swim School exercises its right to terminate the Franchise Agreement because the franchisee rejects a Qualified Site.
After the Lease is executed, the franchisee must send Big Blue Swim School prior notice of any revisions to its terms, whether proposed by the franchisee or the landlord. Big Blue Swim School may negotiate, and/or accept or reject, those proposed revisions before they become effective. This process ensures that the location and lease terms align with Big Blue Swim School's standards and protect the interests of the franchise system.