If Big Blue Swim School delays development, will the development schedule for Big Blue Swim School be extended?
Big_Blue_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
ollowing sentence is added to the end of Section 22.L. of the Franchise Agreement, as incorporated by reference in Section 12 of the Development Rights Agreement:
To the extent required by Article 33 of the General Business Law of the State of New York, all rights and any causes of action arising in your favor from the provisions of Article 33 of the General Business Law of the State of New York and the regulations issued thereunder shall remain in force; it being the intent of this provision that the non-waiver provisions of GBL Sections 687.4 and 687.5 be satisfied.
[Signature Page Follows]
IN WITNESS WHEREOF, the parties have executed and delivered this Rider to be effective as of the Effective Date of the Development Rights Agreement.
| In addition to our rights with respect to proposed BIG BLUE Swim School sites, | |
|---|---|
| we have the right to delay the construction, development, and/or opening of additional BIG BLUE | |
| Swim Schools within the Territory for the time period we deem best if at any time we believe that | |
| such delay is in the best interests of the brand or the franchise network, including for reasons | |
| related to lack of sites that meet our criteria, supply chain issues, or our assessment in our sole | |
| judgment that you (or your Approved Affiliate) are not yet operationally, managerially, or | |
| otherwise prepared (no matter the reason) for the construction, development, opening, and/or | |
| operation of the additional BIG BLUE Swim School in full compliance with our standards and | |
| specifications. |
Source: Item 23 — RECEIPTS (FDD pages 76–278)
What This Means (2025 FDD)
According to the 2025 Big Blue Swim School Franchise Disclosure Document, Big Blue Swim School has the right to delay construction, development, and/or opening of additional swim schools within a territory if it believes the delay is in the best interest of the brand or franchise network. This includes reasons such as a lack of suitable sites, supply chain issues, or if Big Blue Swim School assesses that the franchisee is not yet prepared operationally or managerially.
Big Blue Swim School can delay development as long as it doesn't cause the franchisee to breach their development obligations under the schedule. However, Big Blue Swim School may be willing to extend the schedule proportionately to account for the delay.
Furthermore, any extension granted under a franchise agreement applies only to the specific Big Blue Swim School for which the extension was obtained and will not impact any other deadline under the development schedule. Therefore, franchisees should communicate proactively with Big Blue Swim School and carefully document all agreements regarding potential schedule extensions to protect their development rights.