Does Big Blue Swim School reserve the right to modify the Franchise System?
Big_Blue_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
Because complete and detailed uniformity under many varying conditions might not be possible or practical, we specifically reserve the right and privilege, as we deem best according to our business judgment, to vary Brand Standards or other aspects of the Franchise System for any franchisee. You have no right to require us to grant you a similar variation or accommodation.
We have the right to develop, operate, and change the Franchise System in any manner this Agreement does not specifically prohibit. Whenever this Agreement reserves our right to take or withhold an action, or to grant or decline to grant you the right to take or omit an action, we may, except as this Agreement specifically provides, make our decision or exercise our rights based on information then available to us and our judgment of what is best for us, BIG BLUE Swim School franchisees generally, or the Franchise System when we make our decision, whether or not we could have made other reasonable or even arguably preferable alternative decisions and whether or not our decision promotes our financial or other individual interest.
Source: Item 22 — CONTRACTS (FDD pages 75–76)
What This Means (2025 FDD)
According to the 2025 Big Blue Swim School Franchise Disclosure Document, Big Blue Swim School retains the right to modify the Franchise System. Specifically, Big Blue Swim School reserves the right and privilege to vary Brand Standards or other aspects of the Franchise System for any franchisee as it deems best according to its business judgment. However, a franchisee does not have the right to demand a similar change or accommodation.
Big Blue Swim School also has the right to develop, operate, and change the Franchise System in any manner the Franchise Agreement does not specifically prohibit. This means that Big Blue Swim School can make decisions or exercise its rights based on available information and its judgment of what is best for the company, its franchisees, or the Franchise System.
This clause provides Big Blue Swim School with considerable flexibility to adapt the franchise system. For a potential franchisee, this means the brand standards, operational procedures, and other aspects of the business could change over time. While this allows Big Blue Swim School to respond to market changes and improve the system, it also introduces uncertainty for franchisees, who must be prepared to adapt to these changes. Franchisees should stay informed of any modifications and understand how they might impact their business operations and profitability.