What is the 'Site Selection Area' for a Big Blue Swim School defined as?
Big_Blue_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
If the School's address is unknown as of the Effective Date, this Section 4.B will govern the site selection and acceptance process. Within two hundred ten (210) days after the Effective Date, but subject to the potential extensions described below in Section 4.C, an acceptable site for the School within the exclusive geographical area described in Exhibit A (the "Site Selection Area") must be found and secured. The timeframe during which the School's site must be located, accepted, and secured within the Site Selection Area (the "Site Selection Period") will expire upon the earliest of (a) our acceptance of the School's site and Lease and giving you an amended and restated Exhibit A, (b) this Agreement's termination, or (c) two hundred ten (210) days after the Effective Date.
- 4.B.2 We may (but have no obligation to) visit the Site Selection Area to review potential School sites. Using local commercial real estate brokers, we may recommend potential School sites for your consideration. Recommendation of a School's site will be based on our then-current criteria for BIG BLUE Swim School sites, including, without limitation, population density and other demographic characteristics, visibility, traffic flow, competition, accessibility, ingress and egress, size, and other physical and commercial characteristics.
- 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. Applying criteria appearing effective with other sites might not accurately reflect the potential of all sites, and demographic or other factors included in or excluded from our criteria could change, altering a site's potential. The uncertainty and instability of these criteria are beyond our control, and we are not responsible if a particular site fails to meet your expectations. Once a proposed site is accepted and secured, we will list the accepted site's location as the School's address in Exhibit A.
Source: Item 22 — CONTRACTS (FDD pages 75–76)
What This Means (2025 FDD)
According to Big Blue Swim School's 2025 Franchise Disclosure Document, the Site Selection Area is defined as the exclusive geographical area described in Exhibit A of the Franchise Agreement. The document specifies that within 210 days after the effective date of the agreement, an acceptable site for the school must be found and secured within this Site Selection Area.
The Site Selection Period, which is the timeframe for locating, accepting, and securing a site, ends when Big Blue Swim School accepts the site and lease, provides an amended Exhibit A, the agreement terminates, or 210 days pass after the effective date. Big Blue Swim School may visit the Site Selection Area to review potential sites and may recommend sites based on their criteria, including population density, visibility, traffic flow, competition, accessibility, size, and other characteristics.
While Big Blue Swim School may offer recommendations, the franchisee is ultimately responsible for approving the site. The franchisor's recommendation indicates only that the site aligns with favorable or successful past locations. However, Big Blue Swim School retains the right to reject any site that does not meet their criteria or to require the franchisee to acknowledge in writing that a preferred site is accepted despite its incompatibility with certain factors. The exclusive Site Selection Area is reflected in the description and image on the attached map. The Site Selection Area is simply the geographical area within which Big Blue Swim School will look for the School's site. It will not determine the size or description of the Area of Protection.