What is the relationship between the lease, franchise agreement, and SaaS Agreement for a Big Blue Swim School?
Big_Blue_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
AND MEMBER'S DEFICIT | $3,947,582 | $3,407,166 |
EXHIBIT A TO BIG BLUE SWIM SCHOOL FRANCHISING, LLC DEVELOPMENT RIGHTS AGREEMENT
DEVELOPMENT SCHEDULE
You agree to construct, develop, and open <________> BIG BLUE Swim Schools in the Territory, including the Swim School that is the subject of the First Franchise Agreement, and to sign the leases, Franchise Agreements, and SaaS Agreements relating to those BIG BLUE Swim Schools, according to the following Schedule:
| New BIG BLUE Swim School | Single Deadline by Which Lease, Franchise Agreement, and SaaS Agreement for the Specific New Franchised BIG BLUE Swim School Must be Signed by You (or Approved Affiliate) (we expect all three documents to be signed at same time) | Deadline by Which Specific New Franchised BIG BLUE Swim School Must be Opened by You (or Approved Affiliate) and Operating in Territory |
|---|---|---|
| #1 | For 1st BIG BLUE Swim School only, Franchise Agreement and SaaS Agreement are signed concurrently with this DRA Lease Execution Deadline for 1st BIG BLUE Swim School is: | 14 months after date on which lease for BIG BLUE Swim School is signed (even if lease is signed before Lease Execution Deadline appearing in previous column)* |
| #2 | 14 months after date on | |
| which lease for BIG | ||
| BLUE Swim School is | ||
| signed (even if lease is | ||
| signed before Lease | ||
| Execution Deadline | ||
| appearing in previous | ||
| column)* |
| New BIG BLUE Swim School | Single Deadline by Which Lease, Franchise Agreement, and SaaS Agreement for the Specific New Franchised BIG BLUE Swim School Must be Signed by You (or Approved Affiliate) (we expect all three documents to be signed at same time) | Deadline by Which Specific New Franchised BIG BLUE Swim School Must be Opened by You (or Approved Affiliate) and Operating in Territory |
|---|---|---|
| #3 | 14 months after date on | |
| which lease for BIG | ||
| BLUE Swim School is | ||
| signed (even if lease is | ||
| signed before Lease | ||
| Execution Deadline | ||
| appearing in previous | ||
| column)* | ||
| #4 | 14 months after date on | |
| which lease for BIG | ||
| BLUE Swim School is | ||
| signed (even if lease is | ||
| signed before Lease | ||
| Execution Deadline | ||
| appearing in previous | ||
| column)* | ||
| #5 | 14 months after date on | |
| which lease for BIG | ||
| BLUE Swim School is | ||
| signed (even if lease is | ||
| signed before Lease | ||
| Execution Deadline | ||
| appearing in previous | ||
| column)* |
***For example
Source: Item 23 — RECEIPTS (FDD pages 76–278)
What This Means (2025 FDD)
According to Big Blue Swim School's 2025 Franchise Disclosure Document, the lease, franchise agreement, and SaaS Agreement are closely related. Big Blue Swim School expects all three documents to be signed around the same time. Specifically, for the first Big Blue Swim School location, the Franchise Agreement and SaaS Agreement are signed concurrently with the Development Rights Agreement (DRA) Lease Execution Deadline.
Even if the lease is secured before the Franchise Agreement and SaaS Agreement are signed, the franchisee must sign the Franchise Agreement and related documents within a specified timeframe. If the franchisee fails to do so, Big Blue Swim School has the right to withdraw acceptance of the proposed site. After the Franchise Agreement and SaaS Agreement are signed, their terms and conditions dictate the construction, development, and operation of the Big Blue Swim School, except for the opening deadline, which is governed by the Development Schedule.
The Development Schedule requires franchisees to sign leases, Franchise Agreements, and SaaS Agreements to meet the agreed-upon minimum number of Big Blue Swim Schools to be developed. The opening deadline for each swim school is 14 months after the lease is signed, even if the lease is signed before the Lease Execution Deadline. To maintain rights under the Development Rights Agreement, franchisees must adhere to the deadlines for signing these agreements and opening the swim schools.