What does the Landlord acknowledge about the Big Blue Swim School brand's value?
Big_Blue_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
Landlord acknowledges that the value of the BIG BLUE SWIM SCHOOL® brand is derived from the ability to provide uniform products and services and the uniform appearance of its brand, signs, store concept and leasehold improvements. As a result, Landlord shall, without charge, permit Tenant to comply with standard changes and updates by BBSS to its brand, signs, store concept and leasehold improvements; provided that such changes and updates are not in violation of the terms of the Lease. In the event
that Landlord approval for such changes and updates is required under the Lease, such approval shall not be unreasonably withheld.
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 Landlord acknowledges the importance of brand uniformity to the Big Blue Swim School business. Specifically, the Landlord recognizes that the value of the Big Blue Swim School brand is linked to the consistent delivery of products and services, as well as the uniform appearance of the brand, including signage, store concept, and leasehold improvements.
This acknowledgment has practical implications for a prospective franchisee. The Landlord must allow the franchisee to comply with standard changes and updates made by Big Blue Swim School to its brand elements without incurring additional charges, provided these changes do not violate the terms of the lease. If Landlord approval is required for these changes under the lease, such approval cannot be unreasonably withheld. This ensures that the franchisee can maintain brand standards and keep the swim school's appearance consistent with the Big Blue Swim School brand.
Big Blue Swim School also has the right to enter the premises to protect its brand and trademarks, especially after a lease termination or expiration. This includes the right to remove, alter, or repaint any signage or proprietary items that identify Big Blue Swim School. Any significant alterations to design or color require prior Landlord approval, which again, cannot be unreasonably withheld. These provisions are designed to protect the Big Blue Swim School brand's integrity and uniformity, which are critical for maintaining customer recognition and trust.
Furthermore, Big Blue Swim School is considered a third-party beneficiary with independent rights to enforce these lease provisions. This means that neither the Landlord nor the tenant can alter or limit these provisions without Big Blue Swim School's prior written approval. The Landlord is also required to provide Big Blue Swim School with a copy of the fully-executed lease within ten days of its execution, ensuring that Big Blue Swim School is informed and can enforce its rights under the lease.