What is considered a Trade Secret for a Big Air Trampoline Park franchise?
Big_Air_Trampoline_Park Franchise · 2025 FDDAnswer from 2025 FDD Document
dopt reasonable procedures to prevent unauthorized disclosure of our Trade Secrets and Confidential Information.
We will disclose parts of the Confidential Information and Trade Secrets to you as we deem necessary or advisable for the development of your Big Air Trampoline Business during training and in guidance and assistance furnished to you under the Franchise Agreement, and you may learn or obtain from us additional Confidential Information and Trade Secrets during the term of the Franchise Agreement. The Confidential Information and Trade Secrets are valuable assets of ours and are disclosed to you on the condition that you, and your owners, if you are a business entity, and employees agree to maintain the information in confidence by entering into a confidentiality agreement that we can enforce. Nothing contained in the Franchise Agreement will be construed to prohibit you from using the Confidential Information or Trade Secrets in the operation of other Big Air Trampoline Businesses during the term of the Franchise Agreement.
You must notify us within three days after you learn about another's use of language, a visual image, or a recording of any kind, that you perceive to be identical or substantially similar to one of our Copyrighted Works or use of our Confidential Information or Trade Secrets or if someone challenges your use of our Copyrighted Works, Confidential Information or Trade Secrets. We will take whatever action we deem appropriate, in our sole and absolute discretion, to protect our rights in and to the Copyrighted Works, Confidential Information or Trade Secrets, which may include payment of reasonable costs associated with the action. However, the Franchise Agreement does not require us to take affirmative action in response to any apparent infringement of or challenge to your use of any Copyrighted Works, Confidential Information or Trade Secrets or claim by any person of any rights in any Copyrighted Works, Confidential Information or Trade Secrets. You must not directly or indirectly contest our rights to any of
our Copyrighted Works, Confidential Information or Trade Secrets. You may not communicate with anyone except us and our counsel with respect to any infringement, challenge or claim. We will have discretion to take action as we deem appropriate regarding any infringement, challenge or claim, and the sole right to control exclusively any litigation or other proceeding arising out of any infringement, challenge or claim under any Copyrighted Works, Confidential Information or Trade Secrets. You must sign any and all instruments and documents, give the assistance, and do acts and things that may, in the opinion of our counsel, be necessary to protect and maintain our interests in any litigation or proceeding or to protect and maintain our interests in the Copyrighted Works, Confidential Information or Trade Secrets.
No patents are material to us at this time, although we reserve the right to file a patent on the design for our towers, launch platforms, and other jungle equipment.
We have the right to inspect, copy and use all records with respect to the customers, suppliers, and other services providers of, and related in any way to your Big Air Trampoline Business. This includes, without limitation, all databases (whether in print, electronic, or other form), including, among other things, all names, addresses, phone numbers, e-mail addresses, and customer purchase records. We may use or transfer the records in any way we wish, both before and after any termination, expiration, repurchase, transfer or otherwise. We may contact any or all of your customers, suppliers, and other service providers for quality control, market research, and such other purposes, as we deem appropriate, at our sole discretion.
You must disclose to us all ideas, techniques and products concerning the development and operation of the Big Air Trampoline Business you, your Designated Business Manager or your employees conceive or develop during the term of the Franchise Agreement.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 39–40)
What This Means (2025 FDD)
According to Big Air Trampoline Park's 2025 Franchise Disclosure Document, Trade Secrets include the Operations Manual, electronic information and communications, sales and promotional materials, the development and use of their System, standards, specifications, policies, procedures, information, concepts and systems on, knowledge of and experience in the development, operation and franchising of Big Air Trampoline Businesses, formulations for and packaging of Products, and training and safety techniques used to provide Services sold at Big Air Trampoline Businesses, information concerning Product and Service sales, operating results, financial performance and other financial data of Big Air Trampoline Businesses and other related materials. Big Air Trampoline Park considers these items proprietary and confidential. Franchisees must maintain the confidentiality of Big Air Trampoline Park's Trade Secrets and adopt reasonable procedures to prevent unauthorized disclosure.
Big Air Trampoline Park will disclose parts of the Trade Secrets to franchisees as they deem necessary for the development of the franchisee's Big Air Trampoline Business during training and in guidance and assistance furnished to the franchisee under the Franchise Agreement. Franchisees may also learn or obtain additional Trade Secrets during the term of the Franchise Agreement. These Trade Secrets are valuable assets of Big Air Trampoline Park and are disclosed to franchisees on the condition that they, and their owners, if they are a business entity, and employees agree to maintain the information in confidence by entering into a confidentiality agreement that Big Air Trampoline Park can enforce.
If a franchisee learns about another's use of language, a visual image, or a recording of any kind, that they perceive to be identical or substantially similar to one of Big Air Trampoline Park's Trade Secrets, the franchisee must notify Big Air Trampoline Park within three days. Big Air Trampoline Park will take whatever action they deem appropriate, in their sole and absolute discretion, to protect their rights to the Trade Secrets, which may include payment of reasonable costs associated with the action. However, the Franchise Agreement does not require Big Air Trampoline Park to take affirmative action in response to any apparent infringement of or challenge to a franchisee's use of any Trade Secrets or claim by any person of any rights in any Trade Secrets. The franchisee must not directly or indirectly contest Big Air Trampoline Park's rights to any of their Trade Secrets and may not communicate with anyone except Big Air Trampoline Park and their counsel with respect to any infringement, challenge or claim. Big Air Trampoline Park will have discretion to take action as they deem appropriate regarding any infringement, challenge or claim, and the sole right to control exclusively any litigation or other proceeding arising out of any infringement, challenge or claim under any Trade Secrets. The franchisee must sign any and all instruments and documents, give the assistance, and do acts and things that may, in the opinion of Big Air Trampoline Park's counsel, be necessary to protect and maintain their interests in any litigation or proceeding or to protect and maintain their interests in the Trade Secrets.