Under what condition does Big Blue Swim School have the right to modify the Area of Protection?
Big_Blue_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
We have the right to modify the Area of Protection during the franchise term only if the School relocates.
Source: Item 12 — TERRITORY (FDD pages 51–55)
What This Means (2025 FDD)
According to Big Blue Swim School's 2025 Franchise Disclosure Document, the franchisor has the right to modify the Area of Protection during the franchise term if the School relocates. The Area of Protection is typically an area approximately 10 to 15 minutes from the Big Blue Swim School location. The precise contours of the Area of Protection are determined by the franchisor based on streets, highways, and other markers.
This condition is important for prospective franchisees to understand because relocation may become necessary due to unforeseen circumstances such as changes in local demographics, increased competition, or lease issues. If a franchisee chooses to relocate, Big Blue Swim School retains the right to adjust the Area of Protection, which could potentially impact the franchisee's exclusive operating rights in the new location.
Additionally, Big Blue Swim School has the unilateral right to amend the definition and scope of the Territory if they exercise the Qualified Site Lease Rights. This allows them to carve out the Big Blue Swim School site and an area of protection around that site from the Territory. This amendment becomes effective upon written notice, after which the franchisee will no longer have development rights in the Carved-Out Area. This is another instance where the franchisor can modify the territory, impacting the franchisee's development rights.