What specific documents are included in the 'related documents' that must be signed for each Big Blue Swim School?

t must seek our approval for that new entity to be permitted to construct, develop, and operate the proposed BIG BLUE Swim School as an Approved Affiliate. We have the right to refuse any such request if you and/or your owners do not (1) own and control at least two-thirds (67%) of the new entity's ownership interests and (2) have the authority to exercise voting and management control of the BIG BLUE Swim School proposed to be owned by the new entity.

• (c) You (and/or your Approved Affiliates) will operate each BIG BLUE Swim School under a separate franchise agreement (and related documents) with us. The franchise agreement (and related documents, including Guaranty and Assumption of Obligations) that you and your owners (or your Approved Affiliate and its owners) must sign for each BIG BLUE Swim School to be constructed and developed pursuant to this DRA will be our then-current form of franchise agreement (and related documents, including Guaranty and Assumption of Obligations), any or all terms of which may differ substantially and materially from any or all terms contained in the First Franchise Agreement. However, each of the:
  • (i) Royalty;
  • (ii) Brand Fund contribution;
  • (iii) Software License Fee;
  • (iv) Local Marketing Spending Requirement; and
  • (v) minimum required Market Introduction Program expense,

specified under our then-current form of franchise agreement will (if greater than those specified in the First Franchise Agreement) be modified for the initial franchise term of each subsequent BIG BLUE Swim School to be constructed and developed pursuant to this DRA to be the same as those specified in the First Franchise Agreement if you (and your Approved Affiliates) are not then in default under this DRA, the First Franchise Agreement, or any other franchise agreement then in effect between us and you (and your Approved Affiliates) for BIG BLUE Swim Schools. If you (and your Approved Affiliates) are then in default under this DRA, the First Franchise Agreement, or any other franchise agreement then in effect between us and you (and your Approved Affiliates) for BIG BLUE Swim Schools, then the amounts of the fees and payments referenced in clauses (i)

through (vi) above will remain as stated in our then-current form of franchise agreement and will not be changed.

• (d) Despite any contrary provision contained in the First Franchise Agreement or a newly-signed franchise agreement, each of your (and your Approved Affiliates') BIG BLUE Swim Schools within the Territory must be open and operating by the deadlines specified in the Schedule, subject only to any extensions expressly permitted and granted under the specific BIG BLUE Swim School's franchise agreement. Any extension granted under one of your (or your Approved Affiliates') franchise agreements will apply only to the BIG BLUE Swim School for which you (or your Approved Affiliate) obtained the extension. That extension will not extend, delay, or otherwise impact any other deadline under the Schedule. To retain your rights under this DRA, each BIG BLUE Swim School constructed, developed, and opened pursuant to this DRA must operate continuously throughout this DRA's term in full compliance with its franchise agreement.
• 1. Subfranchising and Sublicensing Rights. This DRA does not give you any right to franchise, license, subfranchise, or sublicense others to construct, develop, and operate BIG BLUE Swim Schools. Only you (and/or your Approved Affiliates) have the right to construct, develop, open, and operate BIG BLUE Swim Schools pursuant to this DRA.

Source: Item 23 — RECEIPTS (FDD pages 76–278)