Who owns the Big Blue Swim School branded system's intellectual property?
Big_Blue_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
One of our affiliates currently owns all aspects of the BIG BLUE SWIM SCHOOL branded system and licenses that intellectual property to us for use in our franchise program for BIG BLUE Swim Schools operating the Swim School Concept ("BIG BLUE Swim Schools"). The definition of "Swim School Concept" expressly excludes a swim-related business, whether or not operated under the Marks, whose core activities are anything other than providing swim lessons and skills in approximately 90-degree water to children ranging in age from three (3) months to twelve (12) years old, including, for example but without limitation, competitive swimming in lower-temperature water, coaching and video analysis, laps, and wave pools.
Source: Item 23 — RECEIPTS (FDD pages 76–278)
What This Means (2025 FDD)
According to the 2025 Big Blue Swim School Franchise Disclosure Document, an affiliate of Big Blue Swim School Franchising, LLC owns all aspects of the Big Blue Swim School branded system. This affiliate licenses the intellectual property to Big Blue Swim School Franchising, LLC for use in its franchise program. The intellectual property includes trademarks, service marks, and other commercial symbols associated with the Swim School Concept, such as "BIG BLUE SWIM SCHOOL®."
For a prospective franchisee, this means that Big Blue Swim School Franchising, LLC, the entity you contract with, does not directly own the core intellectual property. Instead, it licenses these rights from its affiliate. This arrangement is not uncommon in franchising, as it can provide certain legal and operational advantages for the franchisor.
However, it's important for franchisees to understand this structure. The continued right to use the Big Blue Swim School brand and system depends on the licensing agreement between the franchisor and its affiliate. If that agreement were to terminate for any reason, it could impact the franchisee's ability to operate under the Big Blue Swim School brand. Therefore, a prospective franchisee should seek assurances that the licensing agreement is stable and of sufficient duration to cover the term of their franchise agreement. It would be prudent to ask Big Blue Swim School about the terms and conditions of this licensing agreement to fully understand the relationship between the franchisor and its affiliate that owns the intellectual property.