What constitutes a misuse of the Marks for a Big Air Trampoline Park franchisee?
Big_Air_Trampoline_Park Franchise · 2025 FDDAnswer from 2025 FDD Document
(h) Franchisee misuses or fails to follow Franchisor's directions and guidelines concerning use of the Marks and fails to correct the misuse or failure within 10 days after notification from Franchisor;
(b) Any unauthorized use of the Marks or Copyrighted Materials by Franchisee constitutes a breach of this Agreement and an infringement of the rights of Franchisor and in and to the Marks and Copyrighted Materials.
(c) Franchisee will not use any Marks or portion of any Marks as part of a corporate or trade name, or with any prefix, suffix or other modifying words, terms, designs or symbols, or in any modified form.
Franchisee shall obtain such fictitious or assumed name registrations as may be required by Franchisor or under applicable law.
(d) In order to preserve the validity and integrity of the Marks and Copyrighted Materials licensed herein and to assure that Franchisee is properly employing the same in the operation of its Big Air Trampoline Business, Franchisor or its agents shall have the right of entry and inspection of Franchisee's Big Air Trampoline Business and operating procedures pursuant to Section 8.6.
(e) Franchisee will safeguard and maintain the reputation and prestige of the Marks and Copyrighted Materials and will not do anything that would tarnish the image of or adversely affect the value, reputation or goodwill associated with the Marks.
(f) Franchisee agrees, in the event it continues to operate or subsequently begins to operate any other business, not to use any reproduction, counterfeit copy, or colorable imitation of the Marks, either in connection with such other business or the promotion thereof, which is likely to cause confusion, mistake, or deception, or which is likely to dilute Franchisor's rights in and to the Marks, and further agrees not to use any designation of origin, description, representation, trademark, or trade name which suggests or represents a past or present association or connection with Franchisor, the System , or the Marks;
In the event Franchisor does not elect to exercise its option to acquire the Lease for the Big Air Trampoline
Facility, then, to the extent, if any, Franchisee is permitted to conduct any business at the Big Air Trampoline Facility pursuant to the terms of this Agreement or a separate written agreement with Franchisor, and acknowledging the distinctiveness of Franchisor's interior design and décor, Franchisee shall make such modifications or alterations to the premises immediately upon termination or expiration of this Agreement as may be necessary to distinguish the appearance of such premises from that of other Big Air Trampoline Facilities operating under the System and Marks, and shall make such specific additional changes thereto as Franchisor may reasonably request for that purpose. In the event Franchisee fails or refuses to comply with the requirements of this Section 17.9(e), Franchisor shall have the right to enter the Big Air Trampoline Facility without being guilty of trespass or any other tort, for the purposes of making or causing to be made such changes as may be required, at the expense of Franchisee, which expense Franchisee agrees to pay upon demand;
- 17.10 If, within 30 days after termination or expiration of this Agreement by Franchisor, Franchisee fails to remove all displays of the Marks from the Big Air Trampoline Business, which are identified or associated with the System, Franchisor may enter the Big Air Trampoline Business to effect removal.
Source: Item 23 — RECEIPT (FDD pages 53–255)
What This Means (2025 FDD)
According to the 2025 Big Air Trampoline Park Franchise Disclosure Document, a franchisee misuses the Marks if they fail to follow the franchisor's directions and guidelines concerning the use of the Marks and does not correct the misuse within 10 days after notification from Big Air Trampoline Park.
Unauthorized use of the Marks or Copyrighted Materials by the franchisee constitutes a breach of the Franchise Agreement and an infringement of the rights of Big Air Trampoline Park. Franchisees cannot use any Marks or any portion of the Marks as part of a corporate or trade name, or with any prefix, suffix, other modifying words, terms, designs, or symbols, or in any modified form. Franchisees must also obtain fictitious or assumed name registrations as may be required by Big Air Trampoline Park or under applicable law.
Big Air Trampoline Park, or its agents, has the right to enter and inspect the franchisee's Big Air Trampoline Business and operating procedures to ensure the franchisee properly employs the Marks in the operation of their business. Franchisees must safeguard and maintain the reputation and prestige of the Marks and Copyrighted Materials and will not do anything that would tarnish the image or adversely affect the value, reputation, or goodwill associated with the Marks. If the franchisee continues to operate any other business, they cannot use any reproduction, counterfeit copy, or colorable imitation of the Marks, which is likely to cause confusion, mistake, or deception, or which is likely to dilute Big Air Trampoline Park's rights to the Marks. They also cannot use any designation of origin, description, representation, trademark, or trade name that suggests a past or present association or connection with Big Air Trampoline Park, the System, or the Marks.
After the termination or expiration of the Franchise Agreement, the franchisee must make modifications or alterations to the premises to distinguish the appearance of such premises from that of other Big Air Trampoline Park facilities operating under the System and Marks. If the franchisee fails to remove all displays of the Marks from the Big Air Trampoline Business within 30 days after termination or expiration of the Franchise Agreement, Big Air Trampoline Park may enter the Big Air Trampoline Business to effect removal.