Under what conditions can a Big Blue Swim School licensee use the software?
Big_Blue_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
| opinion cause you to breach your development obligations under the Schedule (unless we are | | | willing to extend the Schedule proportionately to account for the delay). | |
EXHIBIT I
SOFTWARE AS A SERVICE AGREEMENT
SOFTWARE AS A SERVICE AGREEMENT
| This DRA and all exhibits to this DRA constitute the entire agreement between the parties | |
|---|---|
| with respect to its subject matter and supersede any and all prior negotiations, understandings, | |
| representations, and agreements with respect to its subject matter. Nothing in this or in any related | |
| agreement, however, is intended to disclaim the representations we made in the franchise | |
| disclosure document that we furnished to you. |
1. INTRODUCTION.
- (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.
Source: Item 23 — RECEIPTS (FDD pages 76–278)
What This Means (2025 FDD)
According to the 2025 Big Blue Swim School Franchise Disclosure Document, a licensee can use the LessonBuddy® software under specific conditions outlined in the Software as a Service Agreement. Big Blue Swim School owns the LessonBuddy® software system, which the licensee can access remotely. The licensee's use of the software is tied to operating a Big Blue Swim School franchise and must align with the terms and conditions of both the license agreement and the franchise agreement. Any conflicts between the license and franchise agreements will be resolved in favor of Big Blue Swim School, with the franchise agreement taking precedence if the conflict cannot be resolved.
The software includes updates, enhancements, and modifications provided by Big Blue Swim School during the term of the franchise agreement. The term of the software license is directly linked to the term defined in the franchise agreements. This means that the licensee's right to use the LessonBuddy® software is contingent upon maintaining an active and compliant franchise agreement with Big Blue Swim School. The software may also include code proprietary to third parties, which is sublicensed to the franchisee.
In practical terms, a Big Blue Swim School franchisee's access to and use of the LessonBuddy® software is dependent on their adherence to the franchise agreement. If the franchise agreement is terminated, the licensee's right to use the software also ends. This highlights the importance of understanding and complying with all terms of the franchise agreement to ensure continued access to essential operational tools like the LessonBuddy® software. Prospective franchisees should carefully review the terms of both the franchise agreement and the Software as a Service Agreement to fully understand their rights and obligations.