Does Big Blue Swim School have the right to reject a site for a Big Blue Swim School franchise?
Big_Blue_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
- 4.B.3 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.
However, we have the absolute right to reject any site not meeting our criteria or to require you to acknowledge in writing that a site you prefer is accepted but not recommended due to its incompatibility with certain factors that bear on a site's suitability as a location for a BIG BLUE Swim School.
- 4.B.4 You must evaluate and ultimately approve the selection of the School's site.
Our recommendation and acceptance of a site indicates only that we believe the 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 22 — CONTRACTS (FDD pages 75–76)
What This Means (2025 FDD)
According to Big Blue Swim School's 2025 Franchise Disclosure Document, Big Blue Swim School has the absolute right to reject a proposed site for a franchise location if it does not meet their criteria. The document states that Big Blue Swim School will not unreasonably withhold acceptance of a site if it aligns with favorable or successful sites from the past, based on their experience and outlined factors. However, the final approval of the site selection rests with the franchisee.
Big Blue Swim School may recommend potential sites using local commercial real estate brokers, basing their recommendations on factors such as population density, demographic characteristics, visibility, traffic flow, competition, accessibility, size, and other physical and commercial characteristics. The franchisee is required to evaluate and approve the final site selection. Big Blue Swim School's acceptance of a site only indicates that they believe the site is consistent with sites they consider favorable or that have been successful in the past.
This process means that while Big Blue Swim School offers guidance and criteria for site selection, the franchisee has the ultimate decision-making power. However, Big Blue Swim School retains the right to reject a site if it does not meet their standards, even if the franchisee prefers it. The franchisee can proceed with a site that Big Blue Swim School does not recommend, but they must acknowledge in writing that the site is not recommended due to incompatibility with certain factors. This ensures that franchisees are aware of potential risks associated with non-recommended locations.