Is a Big Blue Swim School licensee allowed to make copies of the software?
Big_Blue_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
- (a) Licensor owns the proprietary computer software system known as LessonBuddy® more particularly described on the attached Exhibit A ("Licensed Software").
- (b) Licensee desires to obtain a license from Licensor to use the Software by remote access to the Licensor computing environment in accordance with the terms and conditions of this Agreement in conjunction solely with its operation of a BIG BLUE Swim School No. under the Big Blue Swim School Franchising, LLC Franchise Agreements by and between Licensee and Licensor.
Software: LessonBuddy®
The Software may include, without limitation, portions of software code proprietary to third party who are the owners and/or copyright holders of such software. All such software is sublicensed to Licensee under this Agreement.
- (d) Any modification to this Agreement must be specified and agreed to in writing by both parties.
Source: Item 23 — RECEIPTS (FDD pages 76–278)
What This Means (2025 FDD)
Based on the 2025 FDD, Big Blue Swim School franchisees do not receive a license to copy the LessonBuddy® software. The FDD states that the licensee obtains a license to use the software by remote access to the licensor computing environment. The software may include portions of software code proprietary to third parties who are the owners and/or copyright holders of such software, and all such software is sublicensed to the licensee under the agreement.
This means that franchisees are granted the right to use the LessonBuddy® software, but they must access it remotely rather than installing or copying it onto their own systems. This is a common arrangement for software-as-a-service (SaaS) models, where the software is hosted and maintained by the franchisor. The franchisee is granted a license to use the software, but they do not own it or have the right to reproduce it.
The franchisee should ensure they have a reliable internet connection to access the software and understand the terms and conditions of the software license agreement, including any restrictions on use or transfer. It is important to note that any modifications to the agreement must be specified and agreed to in writing by both parties.