Under what conditions is the Rider to the Big Blue Swim School Franchise Agreement signed?
Big_Blue_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
OF CLAIMS**. The following language is added to the end of Section 22.L. of the Franchise Agreement:
, except that any and all claims arising under the Maryland Franchise Registration and Disclosure Law must be brought within three (3) years after the grant of the Franchise.
IN WITNESS WHEREOF, the parties have executed and delivered this Rider, to be effective as of the date set forth next to our signature below.
BIG BLUE SWIM SCHOOL FRANCHISING, LLC, an Illinois limited liability company [Name] Date:** Name: Title: **Effective Date
RIDER TO THE BIG BLUE SWIM SCHOOL FRANCHISING, LLC FRANCHISE AGREEMENT FOR USE IN MINNESOTA
| THIS RIDER is made by and between BIG BLUE SWIM SCHOOL FRANCHISING, LLC, an Illinois limited liability company whose principal business address is 112 Krog Street NE, Suite D-135, Atlanta, Georgia 30307 ("we," "us," or "our"), and, | |
|---|---|
| a(n) ("you" or "your"). | |
| 1. | |
| BACKGROUND. We and you are parties to that certain Franchise Agreement | |
| dated (the "Franchise Agreement"). This Rider is annexed to and | |
| forms part of the Franchise Agreement. This Rider is being signed because (a) the BIG BLUE | |
| Swim School you will operate under the Franchise Agreement will be located in Minnesota, and/or | |
| (b) any of the franchise offer or sales activity occurred in Minnesota. | |
| Agreement: | 2. |
| FEES. The following language is added to the end of Section 5.A. of the Franchise | |
| Despite the payment provisions above, we will defer your payment of the initial | |
| franchise fee until we have fulfilled all our initial obligations to you under this | |
| Agreement and you have commenced doing business. You must pay us the initial | |
| franchise fee on the day you open the BIG BLUE Swim School for business. | |
| 3. | |
| RELEASES. | |
| The following language is added at the end of Sections 4.B.(5), | |
| 17.A., 17.C.(2)(i), 17.G., 18, and 20.G.(3) of the Franchise Agreement: |
However, any release required as a condition of renewal, sale and/or
assignment/transfer will not apply to the extent prohibited by the Minnesota Franchises Law with respect to claims arising under Minn. Rule 2860.4400D.
- TERMINATION. The following language is added to the end of Section 19.B. of the Franchise Agreement:
However, with respect to franchises governed by Minnesota law, we will comply with Minn. Stat. Sec. 80C.14, Subds. 3, 4 and 5 which require, except in certain specified cases, that you be given 90 days' notice of termination (with 60 days to cure) and 180 days' notice of non-renewal of this Agreement.
- GOVERNING LAW. The following language is added to the end of Section 22.G. of the Franchise Agreement:
Nothing in this Agreement will abrogate or reduce any of your rights under Minnesota Statutes Chapter 80C or your right to any procedure, forum, or remedies that the laws of the jurisdiction provide.
- CONSENT TO JURISDICTION. The following language is added to the end of Section 22.H. of the Franchise Agreement:
Notwithstanding the foregoing, Minn. Stat. Sec. 80C.21 and Minn. Rule 2860.4400J prohibit us, except in certain specified cases, from requiring litigation to be conducted outside of Minnesota. Nothing in this Agreement will abrogate or reduce any of your rights under Minnesota Statutes Chapter 80C or your rights to any procedure, forum, or remedies that the laws of the jurisdiction provide.
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- WAIVER OF PUNITIVE DAMAGES AND JURY TRIAL. If and then only to the extent required by the Minnesota Franchises Law, Sections 22.I. and 22.J. of the Franchise Agreement are deleted in their entirety.
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- LIMITATION OF CLAIMS.
Source: Item 23 — RECEIPTS (FDD pages 76–278)
What This Means (2025 FDD)
According to the 2025 Big Blue Swim School Franchise Disclosure Document, the Rider to the Franchise Agreement is signed under specific conditions related to the location and sales activities of the franchise. The Rider is made between Big Blue Swim School Franchising, LLC, and the franchisee. This Rider is added to the Franchise Agreement when the Big Blue Swim School will be located in Minnesota, or if any franchise offer or sales activity occurred in Minnesota.
Alternatively, a different Rider is used if the offer or sale of the franchise was made in California and the franchisee is a California resident, or if the Big Blue Swim School will operate in California. This ensures that specific state laws and regulations are addressed within the franchise agreement, tailoring the agreement to the legal requirements of the operating location.
These Riders modify certain sections of the standard Franchise Agreement to comply with state-specific requirements. For example, for franchisees operating outlets in California, the California Franchise Investment Law and the California Franchise Relations Act will apply, superseding any conflicting language in the Franchise Agreement. This ensures that franchisees in these states receive the protections and are subject to the obligations outlined in their respective state laws.