What right does Big Blue Swim School have regarding my non-disclosure agreements?
Big_Blue_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
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, franchisees must use non-disclosure agreements with individuals who have access to the company's Confidential Information. Big Blue Swim School retains the right to pre-approve these non-disclosure agreements. This pre-approval is solely to ensure that the agreements adequately protect the Confidential Information and maintain the competitiveness of Big Blue Swim School.
This means that while franchisees are responsible for implementing non-disclosure agreements to safeguard Big Blue Swim School's proprietary information, the franchisor has the authority to review and approve these agreements to ensure they meet the required standards. This is a mechanism to protect the brand's intellectual property and competitive advantage across all franchise locations.
However, Big Blue Swim School does not control the forms or terms of employment agreements franchisees use with their employees, nor is it responsible for the franchisee's labor relations or employment practices. This indicates that while Big Blue Swim School maintains oversight regarding the protection of its Confidential Information through non-disclosure agreements, franchisees have autonomy in managing their employment agreements and labor-related matters.