What does the term 'School' include in the Big Blue Swim School franchise agreement?
Big_Blue_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
The term "School" includes all assets of the BIG BLUE Swim School you operate under this Agreement, including its revenue and income. "Include," "including," and words of similar import will be interpreted to mean "including, but not limited to," and the terms following such words will be interpreted as examples, and not an exhaustive list, of the appropriate subject matter.
Source: Item 22 — CONTRACTS (FDD pages 75–76)
What This Means (2025 FDD)
According to the 2025 Big Blue Swim School Franchise Disclosure Document, the term "School" is comprehensively defined within the franchise agreement. It encompasses all assets of the Big Blue Swim School that the franchisee operates under the agreement. This includes all revenue and income generated by the swim school.
This definition is important for several reasons. First, it clarifies that the franchise agreement extends beyond just the physical location or building. It includes all tangible and intangible assets associated with the Big Blue Swim School business. Second, by specifically including revenue and income, the definition makes it clear that these financial aspects of the business are subject to the terms and conditions of the franchise agreement. This could be relevant for calculating royalties, determining transfer values, or assessing performance.
Furthermore, the agreement specifies that the terms "include" and "including" are not exhaustive. This means that the definition of "School" may extend beyond just the assets, revenue, and income specifically mentioned in the agreement. This gives Big Blue Swim School some flexibility in interpreting the scope of the term and potentially including other aspects of the business within its definition. Prospective franchisees should be aware of this broad definition and how it might impact their obligations and rights under the franchise agreement.