Under what conditions can Big Blue Swim School terminate the License Agreement?
Big_Blue_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
Big Blue IP licenses us to use these Marks and related intellectual property, and to authorize franchisees to use them in operating BIG BLUE Swim Schools, under a Trademark, Copyright, and Know-How License Agreement effective August 28, 2018 (the "License Agreement"). The License Agreement's initial term is 20 years; we have the right to renew the License Agreement for 3 successive 10-year terms. We have the right to terminate the License Agreement at any time. Big Blue IP may terminate the License Agreement immediately if we breach the License Agreement and fail to cure the breach within 30 days after receiving written notice from Big Blue IP. When the License Agreement terminates or expires, we must stop using and sublicensing the Marks and related intellectual property. However, any BIG BLUE Swim School franchisee that has been authorized to use the Marks in its franchise may continue using the Marks until that franchisee's franchise agreement, and any permitted successor franchise agreement, expire or are terminated, but only if the franchisee continues to comply with its obligations in the franchise agreement and any permitted successor franchise agreement during their remaining terms.
Source: Item 13 — TRADEMARKS (FDD pages 55–58)
What This Means (2025 FDD)
According to Big Blue Swim School's 2025 Franchise Disclosure Document, the License Agreement, effective August 28, 2018, has an initial term of 20 years, with Big Blue IP licensing the use of trademarks and related intellectual property. Big Blue IP may terminate the License Agreement immediately if the company breaches the License Agreement and fails to correct the breach within 30 days after receiving written notice from Big Blue IP.
Big Blue Swim School has the right to renew the License Agreement for 3 successive 10-year terms. The company also retains the right to terminate the License Agreement at any time.
Upon termination or expiration of the License Agreement, Big Blue Swim School must cease using and sublicensing the Marks and related intellectual property. However, franchisees authorized to use the Marks may continue to do so until their franchise agreement expires or is terminated, provided they comply with their obligations under the franchise agreement.