Are preambles and exhibits part of the Big Blue Swim School franchise agreement?
Big_Blue_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
et forth next to our signature at the end | | of this Agreement (the "Effective Date"). | |
1. Preambles
We and certain of our affiliates (a) have created, designed, and developed a swim school concept identified by the Marks (defined below) that currently provides a proprietary curriculum of swim lessons and skills in approximately 90-degree water to children ranging in age from three (3) months to twelve (12) years old (the "Swim School Concept"), and (b) also may permit other services provided in a swimming pool (the "Ancillary Services") that are not encompassed within the Swim School Concept. We and such affiliates currently use, promote, and license certain trademarks, service marks, and other commercial symbols for the Swim School Concept and Ancillary Services, including "BIG BLUE SWIM SCHOOL®," and from time to time may create, use, and license new trademarks, service marks, and commercial symbols (collectively, the "Marks"). One of our affiliates currently owns the Marks, the Confidential Information (defined in Section 9 below), and all aspects of our 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, wave pools, and any Ancillary Services.
We offer and grant franchises to operate a BIG BLUE Swim School operating the Swim School Concept and using the BIG BLUE Swim School business system, business formats, methods, procedures, designs, layouts, trade dress, standards, specifications, and Marks, all of which we and our affiliates periodically may improve, further develop, and otherwise modify (collectively, the "Franchise System").
You have applied for a franchise to operate a BIG BLUE Swim School, and we are willing to grant you the franchise on the terms and conditions contained in this Agreement.
**2.
Source: Item 22 — CONTRACTS (FDD pages 75–76)
What This Means (2025 FDD)
According to the 2025 Big Blue Swim School FDD, preambles are included as part of the franchise agreement. The franchise agreement also includes exhibits.
The franchise agreement includes preambles that describe Big Blue Swim School's swim school concept, the use of trademarks and service marks, and the franchise being offered to the franchisee. The preambles also state that Big Blue Swim School is willing to grant the franchise to the franchisee based on the terms and conditions outlined in the agreement.
Several exhibits are part of the Big Blue Swim School franchise agreement. Exhibit A covers the basic terms, including the site selection area and the area of protection. Exhibit B is the Guaranty and Assumption of Obligations. Exhibit D contains the lease rider. These exhibits are incorporated into the franchise agreement, and franchisees must adhere to the terms outlined in these exhibits.