Is Big Blue Swim School responsible for the performance of suppliers and distributors?
Big_Blue_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
7.D.3 Despite the foregoing, we may limit the number of approved suppliers and distributors with which you may deal, designate sources you must use, and refuse any of your requests for any reason, including, without limitation, because we have already designated an exclusive source (which might be us or one of our affiliates) for a particular item or service or believe that doing so is in the BIG BLUE Swim School network's best interests. You acknowledge that it might be disadvantageous from a cost and service basis to have more than one supplier in a given market area, and that we have the right to consider the impact of any supplier approval on our and our franchisees' ability to obtain the lowest distribution costs and best service. However, we make no guaranty, warranty, or promise that we will obtain the best pricing or most advantageous terms on behalf of BIG BLUE Swim Schools. We also do not guaranty the performance of suppliers and distributors to BIG BLUE Swim Schools. We are not responsible or liable if the products or services provided by a supplier or distributor fail to conform to or perform in compliance with Brand Standards or our contractual terms with the supplier or distributor.
Source: Item 22 — CONTRACTS (FDD pages 75–76)
What This Means (2025 FDD)
According to the 2025 Big Blue Swim School FDD, Big Blue Swim School does not guarantee the performance of its suppliers and distributors. Big Blue Swim School is not responsible or liable if the products or services provided by a supplier or distributor fail to conform to or perform in compliance with Brand Standards or their contractual terms with the supplier or distributor.
However, Big Blue Swim School may designate and approve Brand Standards, manufacturers, suppliers, and/or distributors for the Operating Assets and other services and products they periodically authorize for use or sale by Big Blue Swim Schools. Franchisees must purchase or lease all Operating Assets and other services and products they use or sell at the School only according to Big Blue Swim School's Brand Standards and, if they require, only from suppliers or distributors they designate or approve.
Big Blue Swim School may condition their written approval of a supplier or distributor on requirements relating to product quality and safety; third-party lab testing; prices; consistency; warranty; supply-chain reliability and integrity; financial stability; customer relations; frequency, economy, and efficiency of delivery; concentration of purchases; and standards of service (including prompt attention to complaints). They have the right to inspect the proposed supplier's or distributor's facilities and to require the proposed supplier or distributor to deliver product samples or items, at their option, either directly to them or to any third party they designate for testing. Big Blue Swim School may limit the number of approved suppliers and distributors with which franchisees may deal, designate sources franchisees must use, and refuse any of their requests for any reason, including, without limitation, because they have already designated an exclusive source (which might be them or one of their affiliates) for a particular item or service or believe that doing so is in the Big Blue Swim School network's best interests.