Who is ultimately responsible for approving the selection of the Big Blue Swim School's 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.
We have the right to terminate the Franchise Agreement (and, in limited circumstances, the Development Rights Agreement) if you reject a School site the location and physical and other characteristics of which, and the proposed commercial-lease terms for which (as encompassed in a lease letter of intent that we or your third-party vendor negotiated or reviewed), were accepted by our real-estate committee (a "Qualified Site"). (Franchise Agreement—Section 4.B; Development Rights Agreement—Section 5) There is no refund of any initial franchise fee or development fee upon such termination.
If an acceptable School site is not found and secured within 210 days after the Franchise Agreement's effective date (subject to any permitted extension), then we have the right to terminate the Franchise Agreement. The initial franchise fee is not refundable. (Franchise Agreement—Sections 4.B and 4.C) If we and you (or your affiliate) are parties to a DRA, the negotiated deadlines specified in the DRA will supersede certain deadlines specified above. (DRA—Section 5)
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS, AND TRAINING (FDD pages 37–51)
What This Means (2025 FDD)
According to Big Blue Swim School's 2025 Franchise Disclosure Document, the franchisee is ultimately responsible for approving the selection of the school's site. While the franchisee is responsible for locating, evaluating, and selecting the site, Big Blue Swim School does offer assistance in the process.
The franchisee must provide Big Blue Swim School with all requested information and materials to assess the proposed site. Big Blue Swim School may propose potential sites using local commercial real estate brokers, based on their criteria such as population density, visibility, traffic flow, competition, accessibility, size, and other commercial characteristics.
Big Blue Swim School retains the right to reject any site that does not meet their criteria or require the franchisee to acknowledge in writing that a preferred site is accepted but not recommended due to incompatibility with certain factors. The franchisor also states that they will not unreasonably withhold acceptance of a site if it aligns with favorable or successful sites from the past. However, if a suitable site is not secured within 210 days after the franchise agreement's effective date, Big Blue Swim School has the right to terminate the agreement, with no refund of the initial franchise fee.