Does Big Blue Swim School have the right to reject any site for a Big Blue Swim School?
Big_Blue_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
We will review potential BIG BLUE Swim School sites that you identify within the Territory and may, but have no obligation to, visit the Territory once (for no additional fee) to review potential sites for each BIG BLUE Swim School to be constructed and developed under this DRA. We have the right to require you to reimburse our out-of-pocket expenses for each site visit after the first per-Swim School visit. We have the right to condition our acceptance of a proposed site, or a proposed site visit, on your first sending us complete site reports and other materials (including, without limitation, photographs and digital recordings) we request. We agree to use reasonable efforts to review and accept (or not accept) sites you propose within thirty (30) days after we receive all requested information and materials. You may not proceed with a site that we have not accepted.
- (c) You (and your Approved Affiliates) do not have the right under this DRA to reject (and therefore must accept) a proposed Swim School site the location and physical and other characteristics of which, and the proposed commercial lease terms for which, were accepted by our real-estate committee (a "Qualified Site").
- (d) You also must send us for our written acceptance, which we will not unreasonably withhold, any lease or sublease that will govern your occupancy and lawful possession of each BIG BLUE Swim School site before you sign it. You may not sign any lease or sublease that we
have not accepted in writing. We may (but have no obligation to) guide you in the leasing process but will not negotiate the lease or sublease for you or provide any legal advice.
Source: Item 23 — RECEIPTS (FDD pages 76–278)
What This Means (2025 FDD)
According to Big Blue Swim School's 2025 Franchise Disclosure Document, franchisees are responsible for locating, evaluating, and selecting potential Swim School sites. While Big Blue Swim School provides its criteria for site selection, including factors like population density, visibility, and traffic flow, they ultimately have the right to reject any site that doesn't meet their criteria. Big Blue Swim School states that it will not unreasonably withhold site acceptance if the proposed site aligns with favorable locations based on their experience. However, Big Blue Swim School retains the absolute right to reject sites that do not meet their criteria or to require written acknowledgment from the franchisee that a chosen site is not recommended due to incompatibility with certain factors.
Big Blue Swim School will review potential sites identified by the franchisee and may visit the territory once per Swim School to review sites without an additional fee. Franchisees may be required to reimburse Big Blue Swim School for out-of-pocket expenses for each subsequent site visit. Big Blue Swim School may also require complete site reports and other materials, such as photographs and digital recordings, before accepting a proposed site or site visit. Big Blue Swim School agrees to review and accept (or not accept) sites within thirty days after receiving all requested information and materials, and franchisees cannot proceed with a site that Big Blue Swim School has not accepted.
However, franchisees do not have the right to reject a proposed Swim School site if the location, physical characteristics, and proposed commercial lease terms have been accepted by Big Blue Swim School's real estate committee, which is termed a "Qualified Site." Additionally, franchisees must submit any lease or sublease for the Swim School site to Big Blue Swim School for written acceptance, which Big Blue Swim School will not unreasonably withhold, before signing it. Franchisees cannot sign any lease or sublease that Big Blue Swim School has not accepted in writing. Big Blue Swim School may guide franchisees in the leasing process but will not negotiate the lease or provide legal advice.