Are the layouts and designs for Big Blue Swim School considered confidential information?
Big_Blue_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
We and our affiliates possess (and will continue to develop and acquire) certain confidential information, some of which constitutes trade secrets under applicable Law, relating to developing and operating BIG BLUE Swim Schools (the "Confidential Information"), which includes, but is not limited to:
- (1) information in the Operations Manual and our Brand Standards, including our proprietary School curriculum;
- (2) layouts, designs, and other Plans for BIG BLUE Swim Schools;
- (3) methods, formats, specifications, standards, systems, procedures, sales and marketing techniques, and knowledge and experience used in developing and operating BIG BLUE Swim Schools;
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 layouts and designs for Big Blue Swim Schools are considered confidential information. Specifically, the FDD states that Big Blue Swim School and its affiliates possess confidential information related to developing and operating its swim schools, some of which constitutes trade secrets. This confidential information includes layouts, designs, and other plans for Big Blue Swim Schools.
As a franchisee, you will not acquire any interest in this confidential information, other than the right to use it as specified by Big Blue Swim School for operating your school during the term of the franchise agreement. Using this confidential information in another business would be considered an unfair method of competition. Therefore, franchisees must keep this information absolutely confidential both during and after the term of the agreement, for as long as the information is not generally known in the swim lesson industry.
This means that a prospective Big Blue Swim School franchisee must understand that the specific layouts and designs provided by the franchisor are proprietary and cannot be used for any other business venture, especially one that competes with Big Blue Swim School. Franchisees must also take reasonable steps to prevent unauthorized use or disclosure of this information, including using confidentiality agreements with their employees. This is a common practice in franchising, as it protects the franchisor's brand and business model.