Is Big Blue Swim School obligated to search for or select the site for the franchisee?
Big_Blue_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
| You must locate, evaluate, and select each School’s site. You must give us | |
|---|---|
| all information and materials we request to assess each proposed School site. We will not | |
| search for or select the site for you. However, using local commercial real estate brokers, | |
| we may propose potential School sites for your consideration in your Site Selection Area | |
| (under the Franchise Agreement) or Territory (under the Development Rights Agreement). | |
| Proposal of a School’s site will be based on our then-current criteria for BIG BLUE Swim | |
| School sites, including population density and other demographic characteristics, visibility, | |
| traffic flow, competition, accessibility, ingress and egress, size, and other physical and | |
| commercial characteristics. |
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS, AND TRAINING (FDD pages 37–51)
What This Means (2025 FDD)
According to the 2025 Big Blue Swim School Franchise Disclosure Document, franchisees are responsible for locating, evaluating, and selecting the site for their school. Big Blue Swim School is not obligated to search for or select a site for the franchisee. However, Big Blue Swim School may propose potential sites using local commercial real estate brokers, based on their current criteria for Big Blue Swim School sites. These criteria include factors such as population density, demographic characteristics, visibility, traffic flow, competition, accessibility, size, and other physical and commercial characteristics.
Big Blue Swim School will review potential sites identified by the franchisee and may visit the territory once for no additional fee to review potential sites for each school to be constructed under the Development Rights Agreement (DRA). The franchisor has the right to require reimbursement for out-of-pocket expenses for each site visit after the first visit per swim school. Big Blue Swim School can also condition their acceptance of a proposed site, or a proposed site visit, on the franchisee first sending complete site reports and other requested materials.
Big Blue Swim School agrees to use reasonable efforts to review and either accept or reject sites proposed by the franchisee within 30 days after receiving all requested information. The franchisee cannot proceed with a site that Big Blue Swim School has not accepted. While Big Blue Swim School will not unreasonably withhold acceptance of a site that aligns with favorable or successful past locations, they retain the absolute right to reject any site not meeting their criteria or to require written acknowledgment that a preferred site is accepted but not recommended due to incompatibility with certain factors.