Does Big Blue Swim School have the right to assign its purchase option to a third party?

According to Big Blue Swim School's 2025 Franchise Disclosure Document, Big Blue Swim School has the unrestricted right to assign its right of first refusal to a third party, including an affiliate. If Big Blue Swim School exercises this right, the assignee will then have the rights described in Section 17.G of the franchise agreement. This means that the term "we" or "us" in Section 17.G includes Big Blue Swim School's assignee if they have chosen to assign their right of first refusal.

This clause is significant for potential franchisees because it clarifies that Big Blue Swim School isn't necessarily bound to be the direct purchaser of the franchisee's assets or lease. They can transfer this right to another entity, which could be a related company or an entirely separate third party. This third party would then step into Big Blue Swim School's shoes regarding the purchase option.

For a franchisee, this means they need to be prepared to potentially negotiate the sale of their assets or the assignment of their lease with an entity other than Big Blue Swim School itself. It's crucial to understand that the terms and conditions related to the purchase or lease assignment would remain the same, regardless of whether Big Blue Swim School or its assignee is the party involved. Franchisees should carefully review Section 17.G of the franchise agreement to fully understand the implications of this assignment provision.