Does Big Blue Swim School have the right to reject a site for a Big Blue Swim School?
Big_Blue_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
d commercial characteristics.
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 the 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 photographs and digital recordings) we request. We agree to use reasonable efforts to review and accept (or not accept) sites you propose within 30 days after we receive all requested information and materials. You may not proceed with a site that we have not accepted.
We will not unreasonably withhold our acceptance of a site if, in our experience and based on the factors outlined above, the proposed site is not inconsistent with sites that we regard as favorable or that otherwise have been successful sites in the past for BIG BLUE Swim Schools.
Source: Item 23 — RECEIPTS (FDD pages 76–278)
What This Means (2025 FDD)
According to the 2025 Big Blue Swim School Franchise Disclosure Document, franchisees are responsible for locating, evaluating, and selecting the site for their swim school. While Big Blue Swim School provides its then-current criteria for site selection, they have the absolute right to reject any site that does not meet their criteria or to require the franchisee to acknowledge in writing that a chosen site is not recommended.
Big Blue Swim School will review potential sites identified by the franchisee and may visit the territory once for no additional fee to review potential sites. However, Big Blue Swim School has the right to require the franchisee to reimburse their out-of-pocket expenses for each site visit after the first per-Swim School visit. Big Blue Swim School also has the right to condition their acceptance of a proposed site, or a proposed site visit, on the franchisee first sending complete site reports and other materials they request.
Big Blue Swim School agrees to use reasonable efforts to review and accept (or not accept) sites franchisees propose within thirty (30) days after receiving all requested information and materials. The franchisee may not 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 and other characteristics, and the proposed commercial lease terms were accepted by Big Blue Swim School's real-estate committee (a "Qualified Site").