Are there any exceptions to Big Blue Swim School's right of first refusal?
Big_Blue_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
We have the unrestricted right to assign this right of first refusal to a third party (including an affiliate), which then will have the rights described in this Section 17.G. (All references in this Section 17.G to "we" or "us" include our assignee if we have exercised our right to assign this right of first refusal to a third party.) We waive our right of first refusal for sales or transfers to Immediate Family members meeting the criteria in Section 17.C.
Source: Item 22 — CONTRACTS (FDD pages 75–76)
What This Means (2025 FDD)
According to Big Blue Swim School's 2025 Franchise Disclosure Document, Big Blue Swim School has the unrestricted right to assign its right of first refusal to a third party, including an affiliate. If this right is assigned, the assignee will then have the rights described in Section 17.G of the franchise agreement.
However, Big Blue Swim School waives its right of first refusal for sales or transfers to immediate family members who meet the criteria outlined in Section 17.C of the franchise agreement. This means that a franchisee can transfer their Big Blue Swim School to a qualifying immediate family member without Big Blue Swim School exercising its right to purchase the franchise first.
For a prospective franchisee, this is an important consideration for succession planning and potential exit strategies. It allows for the possibility of keeping the Big Blue Swim School within the family without interference from the franchisor, provided the family member meets the specified criteria. Franchisees should carefully review Section 17.C to understand the specific requirements for immediate family members to qualify for this exception.