What is Big Air Trampoline Park's discretion regarding actions taken against infringement, challenge or claim under any Copyrighted Works, Confidential Information or Trade Secrets?
Big_Air_Trampoline_Park Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
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, the company has broad discretion regarding any infringement, challenge, or claim related to its Copyrighted Works, Confidential Information, or Trade Secrets. Big Air Trampoline Park will decide what action, if any, to take to protect its rights. This includes the option to pursue litigation or other proceedings. The company also has the sole right to control any legal actions arising from these issues.
As a franchisee, you are required to notify Big Air Trampoline Park within three days if you become aware of any potential infringement or challenges to the use of their Copyrighted Works, Confidential Information, or Trade Secrets. You must also refrain from directly or indirectly contesting Big Air Trampoline Park's rights to these items. Furthermore, you are only permitted to communicate with Big Air Trampoline Park and their counsel regarding any infringement, challenge, or claim.
This means that while franchisees are obligated to report any potential issues, Big Air Trampoline Park retains complete control over how to respond. Franchisees must also provide assistance and sign documents as deemed necessary by Big Air Trampoline Park's counsel to protect the company's interests. This arrangement is fairly typical in franchising, as franchisors need to protect their intellectual property and brand standards consistently across all locations. However, it also means that franchisees have limited autonomy in these matters and must rely on Big Air Trampoline Park to take appropriate action.
It is important to note that Big Air Trampoline Park is not obligated to take any action at all, even if an infringement or challenge is reported. This could leave a franchisee vulnerable if a third party challenges their use of Big Air Trampoline Park's intellectual property. Therefore, prospective franchisees should carefully consider this aspect and discuss with Big Air Trampoline Park what support they can expect in such situations.