Can Big Blue Swim School own and operate other Big Blue Swim Schools outside of a franchisee's 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 Franchise Disclosure Document, Big Blue Swim School and its affiliates retain specific rights regarding the operation of Big Blue Swim Schools outside a franchisee's Area of Protection. They have the right to own and operate Big Blue Swim Schools, or allow other franchisees and licensees to do so, at any location outside the Area of Protection. This includes locations at the boundary of the Area of Protection, under any terms and conditions that Big Blue Swim School or its affiliates deem appropriate. This means that while a franchisee is granted an Area of Protection, Big Blue Swim School can still operate or franchise other locations outside that area without restriction.
This reservation of rights extends to offering and selling services and products, similar or identical to those offered by Big Blue Swim School, both inside and outside the Area of Protection. These services and products can be offered under the Big Blue Swim School brand or other trademarks, through any advertising media, distribution channels, and shipping methods. However, this does not include operating Big Blue Swim Schools with physical locations inside the franchisee's Area of Protection.
For a prospective franchisee, this means that while they will have a defined Area of Protection, Big Blue Swim School retains considerable freedom to expand and operate outside that area. This could potentially lead to increased competition in adjacent markets, but it also allows Big Blue Swim School to grow the brand and potentially increase overall brand recognition, which could benefit all franchisees. Franchisees should carefully consider the implications of these reserved rights and how they might affect their business before investing in a Big Blue Swim School franchise.