Does the Washington Addendum modify the Big Blue Swim School Franchise Disclosure Document?
Big_Blue_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
out of or otherwise ask to no longer receive e-mails from Official Senders during the Term. The consent given in this Section 25 will not apply to the provision of formal notices by either party under Section 24 of this Agreement using e-mail unless the parties otherwise agree in a written document manually signed by both parties.
26. No Waiver or Disclaimer of Reliance in Certain States
The following provision applies only to franchisees and franchises that are subject to the state franchise registration/disclosure laws in California, Hawaii, Illinois, Indiana, Maryland, Michigan, Minnesota, New York, North Dakota, Rhode Island, South Dakota, Virginia, Washington, or Wisconsin:
No statement, questionnaire, or acknowledgement signed or agreed to by you in connection with the commencement of the franchise relationship shall have the effect of (i) waiving any claims under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on any statement made by us, any franchise seller, or any other person acting on our behalf. This provision supersedes any other term of any document executed in connection with the franchise.
Source: Item 23 — RECEIPTS (FDD pages 76–278)
What This Means (2025 FDD)
Yes, the 2025 Big Blue Swim School Franchise Disclosure Document (FDD) includes state-specific additional disclosures that apply to franchisees in Washington. Specifically, Exhibit H of the FDD contains these additional disclosures, indicating that certain provisions are applicable to franchisees subject to state franchise registration/disclosure laws in Washington.
One notable modification is that no statement, questionnaire, or acknowledgment signed by the franchisee can waive claims under applicable state franchise law, including fraud in the inducement, or disclaim reliance on statements made by Big Blue Swim School or its representatives. This provision supersedes any conflicting terms in other documents related to the franchise agreement.
Furthermore, the Franchisee Representations Document is not to be used if the franchise is to be operated in, or the franchisee is a resident of, Washington. This suggests that franchisees in Washington are not required to sign this document, which typically includes representations made by the franchisee to the franchisor. This could affect the obligations and liabilities of both the franchisee and Big Blue Swim School, as certain representations that would otherwise be made are not applicable in Washington.