What is the time period covered by the release granted to Big Blue Swim School?
Big_Blue_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
Consistent with the previous introduction, you, on behalf of yourself and your successors, heirs, executors, administrators, personal representatives, agents, assigns, partners, owners, directors, officers, principals, employees, and affiliated entities (collectively, the "Releasing Parties"), hereby forever release and discharge us and our parent and other affiliated entities, and our and their respective current and former officers, directors, owners, principals, employees, agents, representatives, successors, and assigns (collectively, the "Big Blue Parties") from any and all claims, damages, demands, debts, causes of action, suits, duties, liabilities, costs, and expenses of any nature and kind, whether presently known or unknown, vested or contingent, suspected or unsuspected (all such matters, collectively, "Claims"), that you and any other Releasing Party now have, ever had, or, but for this Consent, hereafter would or could have against any Big Blue Party (1) arising out of or related in any way to the Big Blue Parties' performance of or failure to perform their obligations under the Franchise Agreement before the date of your signature below, (2) arising out of or related in any way to our offer and grant to you of your Big Blue Swim School franchise, or (3) otherwise arising out of or related in any way to your and the other Releasing Parties' relationship, from the beginning of time to the date of your signature below, with any of the Big Blue Parties.
Source: Item 23 — RECEIPTS (FDD pages 76–278)
What This Means (2025 FDD)
According to the 2025 Big Blue Swim School FDD, the release covers the period from the beginning of time until the date the franchisee signs the document. Specifically, the release discharges Big Blue Swim School from claims arising from the franchise agreement, the offer and grant of the franchise, or the relationship between the franchisee and Big Blue Swim School.
This means that a franchisee is waiving their rights to sue Big Blue Swim School for any past actions or omissions related to the franchise, regardless of whether those claims are known or unknown at the time of signing. This includes potential violations of trade practices laws, franchise laws, or other regulations.
The FDD emphasizes that this release is comprehensive, even if the franchisee later discovers new facts or information. By signing, the franchisee acknowledges and accepts this broad waiver, which could have significant legal implications if disputes arise later.