What is the effect of a fire on the abandonment clause for a Big Air Trampoline Park franchise?
Big_Air_Trampoline_Park Franchise · 2025 FDDAnswer from 2025 FDD Document
- (c) Franchisee voluntarily abandons the Big Air Trampoline Business for a period of five consecutive days, or any shorter period that indicates an intent by Franchisee to discontinue
operation of the Big Air Trampoline Business, unless such abandonment is due to fire, flood, earthquake or other similar causes beyond Franchisee's control and not related to the availability of funds to Franchisee;
Source: Item 23 — RECEIPT (FDD pages 53–255)
What This Means (2025 FDD)
According to the 2025 FDD, a Big Air Trampoline Park franchisee's voluntary abandonment of the business for a period of five consecutive days, or any shorter period that indicates an intent to discontinue operation, typically constitutes grounds for termination of the franchise agreement. However, there is an exception to this rule.
Specifically, the abandonment clause is waived if the abandonment is due to fire, flood, earthquake, or other similar causes beyond the franchisee's control. This protection is conditional, as the abandonment must not be related to the availability of funds to the franchisee.
In practical terms, this means that if a Big Air Trampoline Park location is forced to temporarily close due to a fire, the franchisee will not be considered in breach of contract for abandoning the business, provided the closure is genuinely due to the fire and not a result of financial difficulties. This clause protects franchisees from losing their franchise due to circumstances outside their control, offering some security in the face of unforeseen disasters.