Under what condition can Big Blue Swim School reject a proposed site?
Big_Blue_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
you (or your Approved Affiliate) sign a franchise agreement for the next BIG BLUE Swim School to be constructed and developed within the Territory, we will apply the deposit related to that Swim School (which is part of the Development Fee) toward the initial franchise fee due for that Swim School (leaving only the balance of the initial franchise fee due at signing).
5. Grant of Franchises and Site Selection/Leasing Process for BIG BLUE Swim Schools.
- (a) You must locate, evaluate, and select the Swim School's site. You must give us all information and materials we request to assess each proposed Swim School site. We will not search for or select the site for you. In granting you development rights under this DRA, we are relying on your knowledge of the real estate market in the Territory and your ability to locate and access sites.
- (b) We will give you our then-current criteria for BIG BLUE Swim School sites (including, without limitation, population density and other demographic characteristics, visibility, traffic flow, competition, accessibility, parking, ingress and egress, size, and other physical and commercial characteristics) to help in the site-selection process. We will not unreasonably withhold site acceptance if, in our and our affiliates' experience and based on the factors identified above, the proposed site is not inconsistent with sites that we and our affiliates regard as favorable or that otherwise have been successful sites in the past for BIG BLUE Swim Schools.
Source: Item 23 — RECEIPTS (FDD pages 76–278)
What This Means (2025 FDD)
According to Big Blue Swim School's 2025 Franchise Disclosure Document, franchisees are responsible for locating, evaluating, and selecting the site for their Swim School. Big Blue Swim School will provide its criteria for site selection, including factors like population density, visibility, traffic flow, competition, accessibility, parking, size, and other physical and commercial characteristics.
Big Blue Swim School has the absolute right to reject any site that does not meet their criteria. However, if a proposed site aligns with the characteristics of sites that Big Blue Swim School or its affiliates consider favorable or have been successful in the past, the franchisor will not unreasonably withhold site acceptance.
Even if Big Blue Swim School accepts a site, they may require the franchisee to acknowledge in writing that the site is not recommended due to incompatibility with certain factors that affect its suitability. This highlights the importance of carefully considering Big Blue Swim School's feedback and recommendations during the site selection process, even if the site is ultimately approved. Franchisees are not allowed to proceed with a site that Big Blue Swim School has not accepted.