What are the exceptions to the abandonment clause for a Big Air Trampoline Park franchise?
Big_Air_Trampoline_Park Franchise · 2025 FDDAnswer from 2025 FDD Document
- (a) Relocate the Big Air Trampoline Business as provided in Subsection 18.1; or
- (b) Repair or rebuild the Big Air Trampoline Business at the Big Air Trampoline Facility in accordance with Franchisor's then existing standards and general specifications, and reopen the Big Air Trampoline Business for continuous business operations as soon as practicable (but in any event within 12 months after closing the Big Air Trampoline Business at the Big Air Trampoline Facility), giving Franchisor 30 days advance notice of the date of reopening;
- (c) If the Big Air Trampoline Business is not (or, in the opinion of Franchisor cannot be) reopened in accordance with this Section 18.2, or relocated pursuant to Subsection 18.1, the License shall terminate upon notice to Franchisee.
- 18.3 The Term will not be extended by any interruption in the Big Air Trampoline Business's operations, except for an act of God that results in the Big Air Trampoline Business being closed not less than 60 days nor more than 180 days. Franchisee must apply for any extension within thirty 30 days following the reopening of the Big Air Trampoline Business. No event during the Term will excuse Franchisee from paying Royalty Fees or National Marketing and Promotions Fees as provided in this Agreement.
Source: Item 23 — RECEIPT (FDD pages 53–255)
What This Means (2025 FDD)
According to the 2025 FDD, a Big Air Trampoline Park franchisee can avoid termination of their license if the business closes temporarily due to specific circumstances and actions are taken to rectify the situation. If the Big Air Trampoline Park business closes, the franchisee can relocate the business as provided in Subsection 18.1, or repair or rebuild the business at the existing facility according to Big Air Trampoline Park's standards and reopen for continuous operations as soon as possible, but within 12 months, while providing 30 days' notice of the reopening date.
However, if the Big Air Trampoline Park business cannot be reopened or relocated, Big Air Franchising, LLC can terminate the license with notice to the franchisee. An interruption in operations will not extend the term of the agreement, except in the case of an act of God that causes the business to close for a period between 60 and 180 days, provided the franchisee applies for an extension within 30 days of reopening.
Even with these exceptions, the franchisee is still responsible for paying Royalty Fees or National Marketing and Promotions Fees as outlined in the Franchise Agreement. These provisions ensure that Big Air Trampoline Park franchisees make diligent efforts to maintain continuous operation, while also providing some flexibility in the event of unforeseen circumstances.