How must the landlord deliver default notices to Big Blue Swim School?
Big_Blue_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
- C. Landlord will send to BBSS copies of all default notices, and all notices of Landlord's intent to terminate the Lease (or any rights of Tenant under the Lease) or evict Tenant from the leased premises, simultaneously with sending such notices to Tenant. Such notice shall be delivered to BBSS in writing by overnight delivery by FedEx or other nationally-recognized overnight courier. Landlord and Tenant hereby acknowledge and agree that BBSS has the right, but is under no obligation, to cure any deficiency under the Lease, if Tenant should fail to do so, within (i) fifteen (15) days after Franchisor's receipt of such notice as to monetary defaults or (ii) thirty (30) days after Franchisor's receipt of such notice as to non-monetary defaults. Such copies must be sent to:
BIG BLUE SWIM SCHOOL FRANCHISING, LLC
112 Krog Street NE, Suite D-135 Atlanta, Georgia 30307 Attn: President
Source: Item 22 — CONTRACTS (FDD pages 75–76)
What This Means (2025 FDD)
According to Big Blue Swim School's 2025 Franchise Disclosure Document, the landlord must send copies of all default notices and notices of intent to terminate the lease or evict the tenant to Big Blue Swim School simultaneously with sending them to the tenant. These notices must be delivered in writing via overnight delivery by FedEx or another nationally-recognized overnight courier. The notices must be sent to Big Blue Swim School Franchising, LLC at 112 Krog Street NE, Suite D-135 Atlanta, Georgia 30307, Attn: President.
Big Blue Swim School retains the right, but not the obligation, to cure any lease deficiency if the tenant fails to do so. For monetary defaults, Big Blue Swim School has fifteen days after receiving notice to cure the deficiency. For non-monetary defaults, Big Blue Swim School has thirty days after receiving notice to cure the deficiency.
This provision ensures that Big Blue Swim School is informed of any potential issues with the franchisee's lease and has the opportunity to protect its interests by addressing any defaults. It also protects the landlord by ensuring that they provide notice to all parties with an interest in the lease, and it gives Big Blue Swim School the opportunity to protect its brand and the operation of the franchise location.