Under what condition will Big Blue Swim School not unreasonably withhold acceptance of a site?
Big_Blue_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
We will not unreasonably withhold our acceptance of a site if, in our experience and based on the factors outlined above, the proposed site is not inconsistent with sites that we regard as favorable or that otherwise have been successful sites in the past for BIG BLUE Swim Schools. However, we have the absolute right to reject any site not meeting our criteria or to require you to acknowledge in writing that a site you prefer is accepted but not recommended due to its incompatibility with certain factors that bear on a site's suitability as a location for a BIG BLUE Swim School. You must evaluate and ultimately approve the selection of the School's site. (Franchise Agreement—Section 4.B;
Development Rights Agreement—Section 5) We do not own locations for lease to franchisees. Under the DRA, we first must accept each new site you propose for each new BIG BLUE Swim School. Our then-current standards for sites will apply.
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS, AND TRAINING (FDD pages 37–51)
What This Means (2025 FDD)
According to Big Blue Swim School's 2025 Franchise Disclosure Document, Big Blue Swim School will not unreasonably withhold acceptance of a site if, based on their experience and the factors they consider, the proposed site is consistent with sites they consider favorable or that have been successful for Big Blue Swim Schools in the past. However, Big Blue Swim School retains the right to reject any site that does not meet their criteria.
Big Blue Swim School may also require the franchisee to acknowledge in writing that a preferred site is accepted but not recommended if it is incompatible with certain factors that affect a site's suitability. The franchisee is responsible for evaluating and ultimately approving the selection of the school's site. Big Blue Swim School does not own locations for lease to franchisees.
This means that while Big Blue Swim School offers guidance and criteria for site selection, the final decision rests with the franchisee. However, Big Blue Swim School has the authority to reject a site if it does not meet their standards or to caution against a site's potential drawbacks. This process ensures that new locations align with the brand's overall strategy and have a higher chance of success, while also giving the franchisee some autonomy in the selection process.