Under what conditions will Big Blue Swim School not unreasonably withhold site acceptance?
Big_Blue_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
- (b) We will give you our then-current criteria for BIG BLUE Swim School sites (including, without limitation, population density and other demographic characteristics, visibility, traffic flow, competition, accessibility, parking, ingress and egress, size, and other physical and commercial characteristics) to help in the site-selection process. We will not unreasonably withhold site acceptance if, in our and our affiliates' experience and based on the factors identified above, the proposed site is not inconsistent with sites that we and our affiliates 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 have chosen, while acceptable to us, is not recommended due to its incompatibility with certain factors bearing on a site's suitability as a location for a BIG BLUE Swim School.
Source: Item 23 — RECEIPTS (FDD pages 76–278)
What This Means (2025 FDD)
According to Big Blue Swim School's 2025 Franchise Disclosure Document, Big Blue Swim School will not unreasonably withhold site acceptance if the proposed site is consistent with sites that Big Blue Swim School and its affiliates consider favorable or have been successful in the past. This determination is based on the experience of Big Blue Swim School and its affiliates, considering factors such as population density, demographic characteristics, visibility, traffic flow, competition, accessibility, parking, ingress and egress, size, and other physical and commercial characteristics.
However, Big Blue Swim School retains the absolute right to reject any site that does not meet their criteria. They can also require the franchisee to acknowledge in writing that a chosen site, while acceptable to Big Blue Swim School, is not recommended due to incompatibility with certain factors affecting its suitability as a Big Blue Swim School location.
This means that while Big Blue Swim School aims to be reasonable in its site acceptance, franchisees must still meet specific criteria and should be aware that even accepted sites may come with disclaimers if they don't fully align with the franchisor's recommendations. Franchisees bear the responsibility of locating, evaluating, and selecting the Swim School's site, providing all necessary information for assessment, as Big Blue Swim School will not conduct the site search or selection themselves. Big Blue Swim School relies on the franchisee's knowledge of the local real estate market.