What law governs the Big Blue Swim School SaaS Agreement?
Big_Blue_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
| Provision | Section in franchise or other agreement | Summary |
|---|---|---|
| v. Choice of forum | 22.H of Franchise Agreement | Subject to arbitration requirements, litigation must be (with limited exception) in courts closest to where we (or then-current franchisor), have our principal business address when the action is commenced (it currently is in Atlanta, Georgia) (subject to applicable state law). |
| w. Choice of law | 22.G of Franchise Agreement 14(a) of SaaS Agreement | Federal law and Georgia law apply under Franchise Agreement (subject to applicable state law). |
| Georgia law governs SaaS Agreement (subject to applicable state law). |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 61–69)
What This Means (2025 FDD)
According to Big Blue Swim School's 2025 Franchise Disclosure Document, the SaaS (Software as a Service) Agreement is governed by Georgia law, subject to applicable state law. This means that the legal framework and interpretation of the SaaS Agreement will primarily be based on Georgia's legal statutes and precedents.
For a prospective Big Blue Swim School franchisee, this is important because any disputes or legal issues arising from the SaaS Agreement will likely be resolved under Georgia law. This could influence how contractual obligations are interpreted, the available remedies in case of a breach, and the overall legal environment in which the franchisee operates their business. Franchisees should be aware of the implications of Georgia law and how it might affect their rights and responsibilities under the SaaS Agreement.
It's also important to note that the choice of law is subject to applicable state law, which means that in certain situations, the laws of the state where the franchisee's Big Blue Swim School is located could potentially override or supplement Georgia law. Franchisees should consult with a legal professional to fully understand the implications of the choice of law provision and how it may affect their specific circumstances.