Under what conditions can Big Blue Swim School reject a potential site for a Big Blue Swim School?
Big_Blue_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
- 4.B.3 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.
Source: Item 22 — CONTRACTS (FDD pages 75–76)
What This Means (2025 FDD)
According to Big Blue Swim School's 2025 Franchise Disclosure Document, Big Blue Swim School has the absolute right to reject a potential site for a Big Blue Swim School if the site does not meet their criteria. Even if a franchisee prefers a site, Big Blue Swim School can reject it if it is incompatible with factors that bear on a site's suitability. However, Big Blue Swim School will not unreasonably withhold acceptance of a site if it aligns with favorable or successful sites based on their experience and outlined factors.
Big Blue Swim School's criteria for site selection includes factors such as population density, demographic characteristics, visibility, traffic flow, competition, accessibility, ingress and egress, size, and other physical and commercial characteristics. Big Blue Swim School may recommend potential sites using local commercial real estate brokers, but the franchisee must evaluate and ultimately approve the site selection.
Big Blue Swim School states that their recommendation and acceptance of a site only indicates that they believe the site is not inconsistent with sites they regard as favorable or that have been successful in the past. Big Blue Swim School also states that applying criteria that appeared effective with other sites might not accurately reflect the potential of all sites, and demographic or other factors included in or excluded from their criteria could change, altering a site's potential.
This clause highlights the importance of due diligence on the part of the franchisee. While Big Blue Swim School provides guidance and criteria, the ultimate responsibility for site selection rests with the franchisee. The franchisee should conduct their own market research and analysis to ensure the chosen site is suitable for their business needs.