Under what agreement are the rights to use the Big Blue Swim School trademarks granted?

According to the 2025 FDD, the right to use the Big Blue Swim School trademarks and other marks is granted only under a franchise agreement signed directly with Big Blue Swim School. A Development Rights Agreement (DRA) does not independently grant any right to use the Big Blue Swim School trademark or other marks. The DRA only grants potential development rights if the franchisee fully complies with its terms.

This means that while a DRA allows a franchisee the potential to develop multiple Big Blue Swim School locations, the actual right to operate under the Big Blue Swim School brand and utilize its trademarks is secured through a separate, individual franchise agreement for each location. The DRA outlines the terms for securing the rights to develop multiple locations, but it is the franchise agreement that provides the legal permission to use the Big Blue Swim School's intellectual property.

Therefore, a prospective franchisee should understand that signing a DRA is only the first step in securing the rights to develop multiple Big Blue Swim School locations. Each location requires its own franchise agreement to be fully authorized to operate under the Big Blue Swim School brand and use its trademarks. Failing to secure a franchise agreement for each developed location would mean the franchisee cannot legally operate those locations as Big Blue Swim Schools, even if they have a DRA.