Who is responsible for upgrading the Computer System used in a Big Blue Swim School franchise?
Big_Blue_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
You agree to obtain and use the computer hardware and software, point-of-sale system, communications services and equipment, computer-related accessories, peripheral equipment, tablets, smart phones, web-based scheduling, reservation and payment systems, and other online and digital systems and Apps we periodically specify (the "Computer System"). You must use the Computer System to input and access information about your revenue and operations. You must maintain the Computer System's continuous operation. We will have continuous, unlimited access to all information maintained on the Computer System (excluding matters relating to labor relations and employment practices) and to the content of any BIG BLUE Swim School e-mail accounts we provide you.
We may periodically modify the Computer System's specifications and components. Our modification of Computer System specifications, and/or other technological developments or events, may require you to purchase, lease, or license new or modified computer hardware, software, peripherals, and other components and to obtain service and support for the Computer System. Although we cannot estimate the future costs of the Computer System or required service or support, you must incur the costs to obtain the computer hardware, software, peripherals, and other components comprising the Computer System (and additions and modifications) and required service or support. Within ninety (90) days after we deliver notice to you, you must obtain
the Computer System components we designate and ensure that your Computer System, as modified, is functioning properly.
Source: Item 22 — CONTRACTS (FDD pages 75–76)
What This Means (2025 FDD)
According to Big Blue Swim School's 2025 Franchise Disclosure Document, the franchisee is responsible for the costs associated with upgrading the Computer System. Big Blue Swim School may periodically modify the specifications and components of the Computer System, which may require the franchisee to purchase, lease, or license new or modified hardware, software, peripherals, and other components. The franchisee is also responsible for obtaining the necessary service and support for the Computer System.
Although Big Blue Swim School cannot estimate the future costs of the Computer System or required service or support, the franchisee must incur the costs to obtain the computer hardware, software, peripherals, and other components comprising the Computer System, including additions and modifications, as well as the required service or support. The franchisee is required to obtain the designated Computer System components within 90 days after receiving notice from Big Blue Swim School and ensure that the modified Computer System is functioning properly.
Big Blue Swim School and its affiliates may require franchisees to sign a software license agreement, liability waiver, or similar document to regulate the use of proprietary software or technology. In addition to the Software License Fee, franchisees may be charged upfront and ongoing fees for any other required or recommended proprietary software or technology licensed to them, as well as for other Computer System maintenance and support services and programs provided during the term of the franchise agreement. This means that franchisees need to budget for potential technology upgrades and ongoing maintenance costs to remain compliant with Big Blue Swim School's standards.