How does Big Air Trampoline Park define an 'Affiliate' in the context of the franchise agreement?

According to Big Air Trampoline Park's 2025 Franchise Disclosure Document, an 'Affiliate' is defined within the franchise agreement as any person or entity that controls, is controlled by, or is in common control with either the Franchisor or the Franchisee. This definition is important because it clarifies the scope of relationships that could be relevant to the franchise agreement, particularly concerning territorial rights and competitive restrictions.

For a prospective Big Air Trampoline Park franchisee, this definition means that the actions of related entities could impact their franchise. For example, the franchisor's other businesses or ventures, or those of entities under common control, could potentially operate nearby or offer similar services through different channels. This is further explained in section 4.2, which states that the agreement does not restrict the Franchisor or its Affiliates from pursuing other business concepts other than the Big Air Trampoline Business.

Understanding the 'Affiliate' definition is crucial for assessing potential competition and conflicts of interest. Franchisees should carefully consider how the franchisor's affiliates might operate and whether this could affect their business. It is also important to note that Big Air Trampoline Park retains the right to use, license, and/or franchise the Marks and System for the operation of Big Air Trampoline Businesses at any location other than in the Territory, regardless of proximity to the Territory.