Are Big Blue Swim School's policies binding as part of the franchise agreement?
Big_Blue_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
You agree to comply with all Brand Standards, as we may periodically modify them, as if they were part of this Agreement. You may not offer, sell, or provide at or from the School any services or products not authorized in the Operations Manual. You must offer, sell, and provide all services and products we prescribe from time to time. We may change such services and products from time to time and from market to market based on numerous considerations. Brand Standards may direct any aspect of the School's operation and maintenance that impacts the goodwill associated with the Marks, the Franchise System, and BIG BLUE Swim Schools. While we maintain the right to issue and modify Brand Standards, you alone exercise day-to-day control over the School's operation and remain solely responsible for compliance with Brand Standards, which may include any one or more of the following:
Source: Item 22 — CONTRACTS (FDD pages 75–76)
What This Means (2025 FDD)
According to the 2025 Big Blue Swim School Franchise Disclosure Document, franchisees must comply with the brand standards as if they were part of the franchise agreement. Big Blue Swim School may modify these brand standards periodically. These standards dictate the services and products a franchisee can offer at their school. Franchisees must offer all services and products that Big Blue Swim School prescribes, which may change from time to time and from market to market.
Brand standards can influence any aspect of the school's operation and maintenance that impacts the goodwill associated with Big Blue Swim School's marks and franchise system. While Big Blue Swim School retains the right to modify these standards, the franchisee is responsible for the day-to-day control of the school's operation and compliance with the brand standards.
This means that as a Big Blue Swim School franchisee, you are legally obligated to adhere to the brand standards set by the franchisor. Failure to comply with these standards could be considered a breach of the franchise agreement, potentially leading to penalties or termination of the agreement. It is important for prospective franchisees to carefully review and understand the brand standards outlined in the operations manual and any updates provided by Big Blue Swim School.