Under what circumstances might a Big Blue Swim School licensee's access to the software be interrupted?
Big_Blue_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
- (a) Licensor owns the proprietary computer software system known as LessonBuddy® more particularly described on the attached Exhibit A ("Licensed Software").
- (b) Licensee desires to obtain a license from Licensor to use the Software by remote access to the Licensor computing environment in accordance with the terms and conditions of this Agreement in conjunction solely with its operation of a BIG BLUE Swim School No. under the Big Blue Swim School Franchising, LLC Franchise Agreements by and between Licensee and Licensor.
- (c) Any incongruities or conflicts, whether in fact or by operation of law, between the terms of this License and the Franchise Agreements shall be construed in the light most favorable to Licensor and in such a manner as to effectuate the intent of Licensor hereunder and the provisions of the Franchise Agreements. In the case of an unresolvable conflict between the License and the Franchise Agreements, the terms of the Franchise Agreements shall supersede and apply herein.
Source: Item 23 — RECEIPTS (FDD pages 76–278)
What This Means (2025 FDD)
Based on the 2025 FDD, Big Blue Swim School franchisees gain access to the LessonBuddy® software through a Software as a Service Agreement. This agreement licenses the franchisee to use the software via remote access to Big Blue Swim School's computing environment, specifically for operating their franchised swim school.
The FDD does not explicitly detail the circumstances under which a Big Blue Swim School franchisee's access to the LessonBuddy® software might be interrupted. However, it does state that any conflicts between the terms of the Software as a Service Agreement and the Franchise Agreement will be resolved in favor of Big Blue Swim School, with the Franchise Agreement taking precedence in cases of unresolvable conflict.
Prospective Big Blue Swim School franchisees should seek clarification from the franchisor regarding specific events or conditions that could lead to interruption of software access. Understanding these conditions is crucial for business continuity and operational planning.