What is Attachment C to the Big Air Trampoline Park agreement?
Big_Air_Trampoline_Park Franchise · 2025 FDDAnswer from 2025 FDD Document
MULTI-UNIT DEVELOPMENT AGREEMENT ATTACHMENT C PERSONAL GUARANTY
ATTACHMENT C
PERSONAL GUARANTY
In consideration of, and as an inducement to, the execution of that certain Multi-Unit Development Agreement, and any revisions, modifications, addenda and amendments thereto, (hereinafter collectively the "Agreement") dated, 20, by and between Big Air Franchising, LLC, a California limited liability company ("Franchisor") ("Multi-Unit and Developer"), each of the undersigned Personal Guarantors agrees as follows:
The Personal Guarantors do hereby jointly and severally unconditionally guaranty the full, prompt and complete performance of the Multi-Unit Developer under the terms, covenants and conditions of the Agreement, including without limitation, compliance with all confidentiality requirements, protection and preservation of confidential information, compliance with all non-compete provisions, compliance with the terms of any and all other agreements signed by Multi-Unit Developer in order to open and operate the Big Air Trampoline Facilities (as defined in the Agreement), and the complete and prompt payment of all indebtedness to Franchisor under the Agreement.
The word "indebtedness" is used herein in its most comprehensive sense and includes, without limitation, any and all advances, debts, obligations and liabilities of the Multi-Unit Developer, now or hereafter incurred, either voluntarily or involuntarily, and whether due or not due, absolute or contingent, liquidated or unliquidated, determined or undetermined, or whether recovery thereof may be now or hereafter barred by any statute of limitation or is otherwise unenforceable.
The obligations of the Personal Guarantors are independent of the obligations of the Multi-Unit Developer and a separate action or actions may be brought and prosecuted against any or all of the Personal Guarantors, whether or not actions are brought against the Multi-Unit Developer or whether the Multi-Unit Developer is joined in any action.
Source: Item 23 — RECEIPT (FDD pages 53–255)
What This Means (2025 FDD)
According to the 2025 Big Air Trampoline Park FDD, Attachment C to the Multi-Unit Development Agreement is a Personal Guaranty. This guaranty is made in consideration of the execution of the Multi-Unit Development Agreement.
The Personal Guarantors agree to jointly and severally unconditionally guarantee the full performance of the Multi-Unit Developer under the terms of the agreement. This includes compliance with confidentiality requirements, non-compete provisions, and the payment of all indebtedness to Big Air Trampoline Park.
The term "indebtedness" is broadly defined to include all debts and liabilities of the Multi-Unit Developer, whether current or future, due or not due, absolute or contingent, liquidated or unliquidated. The obligations of the Personal Guarantors are independent of the obligations of the Multi-Unit Developer, and legal actions may be brought against the guarantors whether or not actions are brought against the Multi-Unit Developer.