Who owns Innovations related to a Big Blue Swim School?
Big_Blue_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
You must promptly disclose to us all ideas, concepts, techniques, or materials relating to a BIG BLUE Swim School ("Innovations"), whether or not protectable intellectual property and whether created by or for you or your owners, employees, or contractors. Innovations belong to and are works made-for-hire for us. If any Innovation does not qualify as a "work made-for-hire" for us, you assign ownership of and all related rights to that Innovation to us and must sign (and cause your owners, employees, and contractors to sign) whatever assignment or other documents we periodically request to evidence our ownership and to help us obtain intellectual property rights in the Innovation. You may not use any Innovation in operating the School without our prior written approval.
Source: Item 14 — PATENTS, COPYRIGHTS, AND PROPRIETARY INFORMATION (FDD pages 58–59)
What This Means (2025 FDD)
According to Big Blue Swim School's 2025 Franchise Disclosure Document, any innovations related to a Big Blue Swim School belong to the franchisor. This includes any ideas, concepts, techniques, or materials, regardless of whether they are protectable intellectual property. This ownership extends to innovations created by the franchisee, their owners, employees, or contractors.
Big Blue Swim School considers these innovations as "works made-for-hire." If an innovation does not legally qualify as such, the franchisee is required to assign ownership and all related rights to Big Blue Swim School. This assignment necessitates signing documents to evidence the franchisor's ownership and to facilitate the acquisition of intellectual property rights.
Furthermore, franchisees are prohibited from using any innovation in the operation of their Big Blue Swim School without prior written approval from the franchisor. This stipulation underscores the franchisor's control over intellectual property and operational standards within the franchise system. This is a fairly standard clause in franchise agreements, as franchisors want to maintain control over their brand and system standards.
This policy has significant implications for prospective franchisees. It means that any improvements or new ideas developed in connection with the Big Blue Swim School business automatically become the property of the franchisor. Franchisees need to be aware that they will not own any intellectual property they develop for the business and must obtain permission to use it.