Does the Big Blue Swim School licensee own 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.
Source: Item 23 — RECEIPTS (FDD pages 76–278)
What This Means (2025 FDD)
According to the 2025 Big Blue Swim School Franchise Disclosure Document, the licensee does not own the LessonBuddy® software. The FDD specifies that Big Blue Swim School owns the LessonBuddy® software. The licensee is granted a license to use the software through remote access to Big Blue Swim School's computing environment, in accordance with the terms and conditions of the Software as a Service Agreement.
This arrangement means that franchisees do not have the freedom to modify, sell, or transfer the software. Instead, they are granted rights to utilize the software to operate their Big Blue Swim School. The agreement specifies that the software may include code proprietary to third-party owners or copyright holders, which is sublicensed to the franchisee under the agreement. This highlights that the software solution used by Big Blue Swim School may incorporate components owned by other companies.
This type of licensing arrangement is common in franchising, where franchisors maintain control over key operational systems and technologies to ensure consistency and quality across all franchise locations. While franchisees benefit from using a proven software system, they must adhere to the franchisor's terms of use and any updates or modifications made by Big Blue Swim School. The franchisee's rights to use the software are tied to their franchise agreement, meaning that if the franchise agreement is terminated, their right to use the software also ends.