Is Big Blue Swim School required to indemnify me for damages incurred in a copyright proceeding?
Big_Blue_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
We and Big Blue IP need not protect or defend copyrights, although we intend to do so if in the system's best interests. We and Big Blue IP have the right to control any action we choose to bring, even if you voluntarily bring the matter to our attention. You must follow any instructions we give you. We and Big Blue IP need not participate in your defense of and/or indemnify you for damages or expenses incurred in a copyright proceeding. However, we will defend you against any claim that our LESSONBuddy software infringes a patent or copyright in the United States.
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, Big Blue Swim School is generally not required to indemnify franchisees for damages or expenses from copyright proceedings. The FDD states that Big Blue Swim School and Big Blue IP "need not participate in your defense of and/or indemnify you for damages or expenses incurred in a copyright proceeding." This means that if a franchisee is sued for copyright infringement related to their Big Blue Swim School business, they will likely be responsible for their own legal defense and any resulting damages.
However, there is an exception. Big Blue Swim School will defend a franchisee against any claim that their LESSONBuddy software infringes a patent or copyright in the United States. LESSONBuddy is software used in operating Big Blue Swim Schools, and this clause provides some protection to franchisees related to this specific software.
It is important for prospective franchisees to understand this limited protection. While Big Blue Swim School will defend the franchisee in the specific case of a LESSONBuddy software infringement claim, franchisees should be aware that they are otherwise responsible for their own defense and damages in copyright proceedings. This could include claims arising from marketing materials, use of images, or other aspects of their business operations. Franchisees should ensure they understand the permitted uses of copyrighted materials provided by Big Blue Swim School and take steps to avoid potential infringement.