Who must ultimately approve the selection of a Big Blue Swim School site?
Big_Blue_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
We will not unreasonably withhold our acceptance of a site if, in our experience and based on the factors outlined above, the proposed site is not inconsistent with sites that we regard as favorable or that otherwise have been successful sites in the past for BIG BLUE Swim Schools. However, we have the absolute right to reject any site not meeting our criteria or to require you to acknowledge in writing that a site you prefer is accepted but not recommended due to its incompatibility with certain factors that bear on a site's suitability as a location for a BIG BLUE Swim School. You must evaluate and ultimately approve the selection of the School's site. (Franchise Agreement—Section 4.B;
Development Rights Agreement—Section 5) We do not own locations for lease to franchisees. Under the DRA, we first must accept each new site you propose for each new BIG BLUE Swim School. Our then-current standards for sites will apply.
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS, AND TRAINING (FDD pages 37–51)
What This Means (2025 FDD)
According to the 2025 Big Blue Swim School Franchise Disclosure Document, the franchisee is responsible for evaluating and ultimately approving the selection of the school's site. While Big Blue Swim School provides assistance in the site selection process, the final decision rests with the franchisee.
Big Blue Swim School will not unreasonably withhold acceptance of a site that aligns with their criteria for favorable and successful locations. However, they retain the right to reject any site that does not meet their standards or to require the franchisee to acknowledge in writing that a preferred site is accepted despite its incompatibility with certain factors that could affect its suitability.
The franchisee is responsible for locating, evaluating, and selecting the school's site and must provide Big Blue Swim School with all necessary information and materials for assessment. Although Big Blue Swim School may propose potential sites through commercial real estate brokers, they will not search for or select the site on behalf of the franchisee. The franchisor also has the right to terminate the Franchise Agreement if the franchisee rejects a Qualified Site accepted by Big Blue Swim School's real estate committee.