Does Big Blue Swim School have the right to pre-approve my nondisclosure agreements?
Big_Blue_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
You may not use Confidential Information in an unauthorized manner. You must take reasonable steps to prevent its improper disclosure to others and use non-disclosure agreements with those having access to Confidential Information. We have the right to pre-approve your nondisclosure agreements solely to ensure that you adequately protect Confidential Information and the competitiveness of BIG BLUE Swim Schools. Under no circumstances will we control the forms or terms of employment agreements you use with School employees or otherwise be responsible for your labor relations or employment practices.
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 does have the right to pre-approve a franchisee's nondisclosure agreements. This is to ensure that the franchisee adequately protects Big Blue Swim School's confidential information and maintains the competitiveness of the brand. This confidential information includes proprietary curriculum, school layouts, operational methods, marketing techniques, and customer data.
This pre-approval right gives Big Blue Swim School a degree of control over how franchisees handle sensitive business information. It ensures that franchisees take adequate measures to protect the brand's trade secrets and other confidential data. This is a fairly common practice in franchising, as franchisors need to safeguard their intellectual property and business methods.
However, the FDD explicitly states that Big Blue Swim School will not control the forms or terms of employment agreements franchisees use with their employees. Big Blue Swim School also clarifies that they will not be responsible for the franchisee's labor relations or employment practices. This distinction is important, as it clarifies the scope of Big Blue Swim School's oversight and control, focusing it specifically on the protection of confidential information rather than broader employment matters.