Who has the right and responsibility to maintain and update the Software for Big Blue Swim School?
Big_Blue_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
- (a) Licensor owns the proprietary computer software system known as LessonBuddy® more particularly described on the attached Exhibit A ("Licensed Software"). "Software" means the computer program(s) listed on the attached Exhibit A, including Deliverables, if any, and updates, enhancements, translations, modifications and derivatives of the Software as may be supplied by Licensor during the Term.
"Documentation" shall mean the specifications, user guides and other materials for the Software made available by Licensor to Licensee in written or electronic form at no additional charge.
"Standard Enhancement" means any enhancement of the hosted program or revision to the Documentation that Licensor makes on its own initiative and that Licensor makes available to its licensees generally, without charge.
Source: Item 23 — RECEIPTS (FDD pages 76–278)
What This Means (2025 FDD)
According to the 2025 Big Blue Swim School FDD, the licensor, Big Blue Swim School Franchising, LLC, owns the LessonBuddy® software system. The definition of "Software" includes updates, enhancements, translations, modifications, and derivatives of the software as supplied by the licensor during the term of the agreement. This indicates that Big Blue Swim School retains the right and responsibility to maintain and update the software.
As a franchisee, you are granted a license to use the Software by remote access to the Licensor computing environment. This license is specifically for operating a Big Blue Swim School franchise. The franchisor also provides documentation, such as specifications and user guides, for the software at no additional charge.
Big Blue Swim School also has the right to make Standard Enhancements to the hosted program or revisions to the Documentation on its own initiative, which are then made available to all licensees without charge. This ensures that all franchisees benefit from improvements and updates to the software, maintaining consistency across the Big Blue Swim School system.