Is a Big Blue Swim School licensee permitted to rent the software?
Big_Blue_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
- (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.
Source: Item 23 — RECEIPTS (FDD pages 76–278)
What This Means (2025 FDD)
According to the 2025 Big Blue Swim School FDD, franchisees ('Licensees') are granted a license to use the LessonBuddy® software system. However, this license is specifically for use in conjunction with the operation of their Big Blue Swim School franchise. The FDD excerpt states that the licensee obtains a license to use the software by remote access to the licensor computing environment.
This agreement does not grant franchisees the right to sublicense or redistribute the LessonBuddy® software to third parties. The software license is tied directly to the operation of the franchisee's Big Blue Swim School. The Software as a Service Agreement specifies that the software may include portions of software code proprietary to third parties who are the owners and/or copyright holders of such software and that all such software is sublicensed to Licensee under this Agreement.
Therefore, a Big Blue Swim School franchisee's ability to use the LessonBuddy® software is contingent upon maintaining an active franchise agreement and adhering to the terms outlined in both the franchise agreement and the Software as a Service Agreement. The franchisee cannot rent, lease, or otherwise provide access to the software to any other individual or business.