What claims related to Big Air Trampoline Park are subject to final and binding arbitration?
Big_Air_Trampoline_Park Franchise · 2025 FDDAnswer from 2025 FDD Document
However, in Franchisor's sole discretion, the final right of determination of the ultimate controversy, claim or dispute shall be decided by arbitration as aforesaid
and recourse to the courts shall thereafter be limited to seeking an order to enforce an arbitral award. In no event shall the Multi-Unit Developer be entitled to make, the Multi-Unit Developer shall not make, and the Multi-Unit Developer hereby waives, any claim for money damages by way of set-off, counterclaim, defense or otherwise based upon any claim or assertion by the Multi-Unit Developer that Franchisor has unreasonably withheld or unreasonably conditioned or delayed any consent or approval to a proposed act by the Multi-Unit Developer under any of the terms of this Agreement. The Multi-Unit Developer's sole remedy for any claim shall be an action or proceeding to enforce any provisions, for specific performance or declaratory judgment.
Source: Item 23 — RECEIPT (FDD pages 53–255)
What This Means (2025 FDD)
According to the 2025 FDD, the final determination of any controversy, claim, or dispute with Big Air Trampoline Park is decided by arbitration. After arbitration, recourse to the courts is limited to seeking an order to enforce the arbitral award.
Specifically, the Multi-Unit Developer waives the right to make any claim for money damages based on the assertion that Big Air Trampoline Park has unreasonably withheld, conditioned, or delayed any consent or approval to a proposed act by the Multi-Unit Developer under the agreement's terms. The Multi-Unit Developer's sole remedy for any claim is an action or proceeding to enforce provisions, for specific performance, or declaratory judgment.
This means that franchisees are agreeing to resolve disputes through arbitration, which is generally faster and less expensive than litigation. However, the decision of the arbitrator is binding, with limited ability to appeal to the courts. Franchisees also waive the right to claim monetary damages if Big Air Trampoline Park withholds or delays consent or approval, limiting their recourse to actions for enforcement, specific performance, or declaratory judgment.