Can Big Blue Swim School modify the minimum standards and specifications for Operating Assets?
Big_Blue_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
To maintain the quality of BIG BLUE Swim School services and products and our franchise network's reputation, all Operating Assets and other services and products your School uses or sells (besides those described above that you currently may obtain only from us, our affiliates, and/or approved and designated suppliers) must meet our minimum standards and specifications, which we issue and modify based on our, our affiliates', and our franchisees' experience in operating BIG BLUE Swim Schools. Standards and specifications may impose minimum requirements for production, performance, safety, reputation, prices, quality, design, and appearance. Our Operations Manual will identify our standards and specifications for you. When appropriate and authorized, you may provide those standards and specifications to suppliers if they agree to maintain confidentiality.
If you want to purchase or lease any Operating Assets, products, or services from a supplier or distributor we have not then approved (if we require you to buy or lease the asset, product, or service only from an approved supplier or distributor), then you must establish to our reasonable satisfaction that the quality and functionality of the item or service are equivalent to those of the item or service it replaces and that the supplier or distributor is, among other things, reputable, financially responsible, and adequately insured for product-liability claims. You must pay upon request any actual expenses we incur to determine whether or not the items, services, suppliers, or distributors meet our requirements and specifications. We will decide within a reasonable time (up to 120 days).
Source: Item 8 — RESTRICTIONS ON SOURCES OF PRODUCTS AND SERVICES (FDD pages 29–34)
What This Means (2025 FDD)
According to Big Blue Swim School's 2025 Franchise Disclosure Document, Big Blue Swim School has the authority to modify the minimum standards and specifications for Operating Assets. To maintain the quality of Big Blue Swim School services and products and the franchise network's reputation, all Operating Assets and other services and products a franchisee's School uses or sells must meet Big Blue Swim School's minimum standards and specifications. These standards and specifications are issued and modified based on the franchisor's, its affiliates', and its franchisees' experience in operating Big Blue Swim Schools.
The standards and specifications imposed by Big Blue Swim School may include minimum requirements for production, performance, safety, reputation, prices, quality, design, and appearance. These standards and specifications will be identified in the Operations Manual provided to franchisees. If a franchisee wants to purchase or lease any Operating Assets, products, or services from a supplier or distributor that Big Blue Swim School has not approved, the franchisee must demonstrate to Big Blue Swim School's reasonable satisfaction that the quality and functionality of the item or service are equivalent to those of the item or service it replaces.
Furthermore, the supplier or distributor must be reputable, financially responsible, and adequately insured for product-liability claims. The franchisee is responsible for paying any actual expenses incurred by Big Blue Swim School to determine whether the items, services, suppliers, or distributors meet their requirements and specifications. Big Blue Swim School will decide on the approval within a reasonable time, up to 120 days. This ensures that Big Blue Swim School retains control over the quality and standards of products and services used within its franchise system, while also allowing franchisees the opportunity to propose alternative suppliers that meet the required standards.