For what specific purpose can a Big Blue Swim School franchisee use the Licensed Software?
Big_Blue_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
- (b) Licensee desires to obtain a license from Licensor to use the Software by remote access to the Licensor computing environment in accordance with the terms and conditions of this Agreement in conjunction solely with its operation of a BIG BLUE Swim School No. under the Big Blue Swim School Franchising, LLC Franchise Agreements by and between Licensee and Licensor.
- (c) Any incongruities or conflicts, whether in fact or by operation of law, between the terms of this License and the Franchise Agreements shall be construed in the light most favorable to Licensor and in such a manner as to effectuate the intent of Licensor hereunder and the provisions of the Franchise Agreements. In the case of an unresolvable conflict between the License and the Franchise Agreements, the terms of the Franchise Agreements shall supersede and apply herein.
Source: Item 23 — RECEIPTS (FDD pages 76–278)
What This Means (2025 FDD)
According to Big Blue Swim School's 2025 Franchise Disclosure Document, a franchisee (Licensee) can use the LessonBuddy® software system. The franchisee obtains a license from Big Blue Swim School (Licensor) to use the software by accessing the Licensor's computing environment remotely.
This license is specifically for the franchisee's operation of a Big Blue Swim School franchise. The terms and conditions of the license agreement apply in conjunction with the Franchise Agreements between the franchisee and Big Blue Swim School.
In case of any conflicts between the license terms and the Franchise Agreements, the Franchise Agreements take precedence. This ensures that the overall franchise agreement governs the relationship, while the software license supports the operational aspects of running the swim school.