Under what circumstances can the deadline for opening a Big Blue Swim School location be extended?
Big_Blue_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
ollowing sentence is added to the end of Section 22.L. of the Franchise Agreement, as incorporated by reference in Section 12 of the Development Rights Agreement:
To the extent required by Article 33 of the General Business Law of the State of New York, all rights and any causes of action arising in your favor from the provisions of Article 33 of the General Business Law of the State of New York and the regulations issued thereunder shall remain in force; it being the intent of this provision that the non-waiver provisions of GBL Sections 687.4 and 687.5 be satisfied.
[Signature Page Follows]
IN WITNESS WHEREOF, the parties have executed and delivered this Rider to be effective as of the Effective Date of the Development Rights Agreement.
| In addition to our rights with respect to proposed BIG BLUE Swim School sites, | |
|---|---|
| we have the right to delay the construction, development, and/or opening of additional BIG BLUE | |
| Swim Schools within the Territory for the time period we deem best if at any time we believe that | |
| such delay is in the best interests of the brand or the franchise network, including for reasons | |
| related to lack of sites that meet our criteria, supply chain issues, or our assessment in our sole | |
| judgment that you (or your Approved Affiliate) are not yet operationally, managerially, or | |
| otherwise prepared (no matter the reason) for the construction, development, opening, and/or | |
| operation of the additional BIG BLUE Swim School in full compliance with our standards and | |
| specifications. |
Source: Item 23 — RECEIPTS (FDD pages 76–278)
What This Means (2025 FDD)
According to the 2025 FDD, Big Blue Swim School has the right to delay the construction, development, and/or opening of additional swim schools within the territory for a time period they deem best. This can occur if Big Blue Swim School believes that such a delay is in the best interests of the brand or the franchise network. Reasons for delay can include a lack of suitable sites, supply chain issues, or Big Blue Swim School's assessment that the franchisee is not yet operationally, managerially, or otherwise prepared for the construction, development, opening, and/or operation of the additional Big Blue Swim School in full compliance with their standards and specifications.
Big Blue Swim School also has the right to delay additional development and/or a Big Blue Swim School's opening for the time period they deem best as long as the delay will not, in their reasonable opinion, cause the franchisee to breach their development obligations under the Schedule, unless Big Blue Swim School is willing to extend the Schedule proportionately to account for the delay.
Despite any contrary provision in the franchise agreement, each Big Blue Swim School within the territory must be open and operating by the deadlines specified in the Schedule, subject only to any extensions expressly permitted and granted under the specific Big Blue Swim School's franchise agreement. Any extension granted under one of the franchise agreements will apply only to the Big Blue Swim School for which the extension was obtained and will not impact any other deadline under the Schedule.