What does the Big Air Trampoline Park franchise agreement define as "Copyrighted Materials"?
Big_Air_Trampoline_Park Franchise · 2025 FDDAnswer from 2025 FDD Document
ents showing sale and advertising of the Services and Products and other products and services. Franchisee hereby irrevocably appoints Franchisor as its attorney-in-fact for the purpose of executing such documents.
- (f) All usage of the Marks by Franchisee and any goodwill established by Franchisee's use of the Marks shall inure to the exclusive benefit of Franchisor. This Agreement does not confer any goodwill or other interests in the Marks to Franchisee upon expiration or termination of the Agreement.
- (g) FRANCHISOR MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE USE, EXCLUSIVE OWNERSHIP, VALIDITY OR ENFORCEABILITY OF THE MARKS OR COPYRIGHTED MATERIALS.
- 10.2 Franchisee acknowledges and agrees that:
- (a) Franchisee's right to use the Marks and Copyrighted Materials are derived solely from this Agreement. Franchisee may only use the Marks and Copyrighted Materials in its operation of the Big Air Trampoline Business and only incompliance with this Agreement and all applicable standards, specifications, and operating procedures prescribed by Franchisor in the Operations Manual and elsewhere from time to time during the Term and any Successor Term. Franchisee will make every effort consistent to protect, maintain, and promote the Marks as identifying the System and only the System.
- (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. Franchisee will not do anything that would dilute, directly or indirectly, the value of the goodwill attached to the Marks, nor counsel, procure or assist anyone else to do the same.
- (f) Franchisee will use the Marks and Copyrighted Materials only in lettering, logos, print styles, forms, and formats, including but not limited to, advertising and promotional materials, invoices, signage, business checks, business cards, stationery, and promotional items such as clothing, hats, pens, mugs, etc., which have been approved by Franchisor in accordance
with this Agreement, and promptly follow instructions regarding the Marks and Copyrighted Materials as provided in the Operations Manual and otherwise given by Franchisor from time to time.
- (g) Franchisee will use the following copyright notice at least once on each piece of advertising, promotional, or other material used in connection with the Products and Services:
- © (year of first publication). BIG AIR FRANCHISING, LLC. All Rights Reserved.
- (h) Franchisee will use the Marks with a superscript "®" or "™", as specified by Franchisor, unless and until advised by Franchisor to use a different notice.
- 10.3 Franchisee acknowledges and agrees that:
- (a) If, in Franchisor's reasonable determination, the use of Marks or Copyrighted Materials in connection with the Services, Products, other products and services or the Big Air Trampoline Business will infringe or potentially infringe upon the rights of any third party, weakens or impairs Franchisor's rights in the Marks or Copyrighted Materials, or it otherwise becomes advisable at any time in Franchisor's sole discretion for Franchisor to modify or discontinue use of the Marks or Copyrighted Materials then upon notice from Franchisor, Franchisee will immediately terminate or modify such use in the manner prescribed by Franchisor. Franchisor may require Franchisee to use one or more additional or substitute trade names, trademarks, service marks or other commercial symbols or copyrighted materials.
Source: Item 23 — RECEIPT (FDD pages 53–255)
What This Means (2025 FDD)
Based on the 2025 Franchise Disclosure Document, the Big Air Trampoline Park franchise agreement refers to "Copyrighted Materials" throughout the document, but it does not provide a specific definition of what constitutes "Copyrighted Materials." The document mentions that the franchisee's right to use both the Marks and Copyrighted Materials derives solely from the franchise agreement. Unauthorized use of either constitutes a breach of the agreement and an infringement of Big Air Trampoline Park's rights. Franchisees must also use approved lettering, logos, print styles, forms and formats for advertising, promotional materials, invoices, signage, and other items. They must also include a copyright notice on advertising and promotional materials.
Big Air Trampoline Park retains the right to modify or discontinue the use of Marks or Copyrighted Materials if their use infringes upon the rights of any third party or weakens Big Air Trampoline Park's rights. In such cases, Big Air Trampoline Park may require franchisees to use substitute materials. Franchisees are required to safeguard the reputation and prestige of both the Marks and Copyrighted Materials, ensuring they do not tarnish the image or adversely affect the associated value or goodwill.
Because the FDD does not define "Copyrighted Materials", prospective franchisees should seek clarification from Big Air Trampoline Park regarding what specific materials are covered under this term. Understanding the scope of "Copyrighted Materials" is crucial for franchisees to ensure compliance with the franchise agreement and avoid potential legal issues related to unauthorized use or infringement.