What page of the Big Blue Swim School Franchise Agreement outlines the reservation of rights?
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
Source: Item 22 — CONTRACTS (FDD pages 75–76)
What This Means (2025 FDD)
According to the 2025 Big Blue Swim School Franchise Disclosure Document, Section 3.D of Item 22 outlines the reservation of rights. This section clarifies that Big Blue Swim School and its affiliates retain all rights concerning the Big Blue Swim School brand, trademarks, and the offering of similar services and products, both within and outside the franchisee's Area of Protection, except for the franchisee's location exclusivity for the Big Blue Swim School concept.
Specifically, Big Blue Swim School reserves the right to operate or allow others to operate Big Blue Swim Schools outside the Area of Protection, even at its boundary. They can also operate Big Blue Swim Schools inside the Area of Protection that do not follow the Swim School Concept. Additionally, Big Blue Swim School can sell services and products identical or similar to those offered by franchisees through any channels, except through Big Blue Swim Schools operating the Swim School Concept within the Area of Protection.
Furthermore, Big Blue Swim School retains the right to establish businesses offering similar services under different trademarks, acquire businesses selling similar services (even those that compete with Big Blue Swim School), and be acquired by such businesses. They can also engage in any activities not expressly prohibited by the Franchise Agreement. This comprehensive reservation of rights allows Big Blue Swim School to adapt and expand its business model without being overly restricted by individual franchise agreements, which is a fairly standard practice in franchising to maintain brand control and explore new market opportunities.