Can Big Blue Swim School own and operate Big Blue Swim Schools outside the Area of Protection?
Big_Blue_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
Except for your location exclusivity with respect to the BIG BLUE Swim School Swim School Concept described in Section 3.C above, we and our affiliates retain all rights with respect to BIG BLUE Swim Schools, the Marks, the offer and sale of similar or dissimilar services and products, and any other activities we and they deem appropriate, whenever and wherever we and
they desire, whether inside or outside the Area of Protection. Specifically, but without limitation, we and our affiliates reserve the following rights:
- (1) to own and operate, and to allow other franchisees and licensees to own and operate, BIG BLUE Swim Schools (whether or not operating the Swim School Concept) at any locations outside the Area of Protection (including at the boundary of the Area of Protection) and on any terms and conditions we and they deem appropriate;
- (2) to own and operate, and to allow other franchisees and licensees to own and operate, at any locations inside the Area of Protection and on any terms and conditions we and they deem appropriate, BIG BLUE Swim Schools not operating the Swim School Concept;
- (3) to offer and sell, and to allow others to offer and sell, inside and outside the Area of Protection, and on any terms and conditions we and they deem appropriate, services and products that are identical or similar to and/or competitive with those offered and sold by BIG BLUE Swim Schools, whether identified by the Marks or other trademarks or service marks, through any advertising media, distribution channels (including the Internet), and shipping and delivery methods and to any customer, no matter where located, but not through BIG BLUE Swim Schools operating the Swim School Concept that have their physical locations inside the Area of Protection;
Source: Item 22 — CONTRACTS (FDD pages 75–76)
What This Means (2025 FDD)
According to the 2025 Big Blue Swim School FDD, Big Blue Swim School retains the right to operate Big Blue Swim Schools outside a franchisee's Area of Protection. This means that while a franchisee is granted a specific Area of Protection, Big Blue Swim School can still operate or allow other franchisees or licensees to operate Big Blue Swim Schools outside of that area. This condition applies whether or not those swim schools operate under the Swim School Concept.
Big Blue Swim School also reserves the right to offer and sell services and products similar to those offered by franchisees both inside and outside the Area of Protection. This includes selling through any advertising media, distribution channels, and shipping methods. However, Big Blue Swim School cannot operate Swim School Concept locations within a franchisee's Area of Protection.
This reservation of rights allows Big Blue Swim School to expand and adapt its business model as needed, but it also means that franchisees may face competition from the franchisor or other franchisees outside their protected area. Prospective franchisees should carefully consider the implications of these rights and how they might affect their business. It is important to understand the scope of the Area of Protection and the potential for competition from other Big Blue Swim School locations or services.