What is a Big Air Trampoline Park franchisee obligated to do to safeguard the reputation of the Marks?
Big_Air_Trampoline_Park Franchise · 2025 FDDAnswer from 2025 FDD Document
- (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)
According to Big Air Trampoline Park's 2025 Franchise Disclosure Document, franchisees have specific obligations to protect the brand's reputation. Franchisees must safeguard and maintain the reputation and prestige of the Marks and Copyrighted Materials. They are prohibited from taking any actions that could tarnish the image or negatively impact the value, reputation, or goodwill associated with the Marks. This includes directly or indirectly diluting the goodwill attached to the Marks or assisting others in doing so. These stipulations ensure that franchisees actively contribute to upholding the brand's image and prevent any actions that could harm its reputation.
To maintain brand consistency, Big Air Trampoline Park franchisees must use the Marks and Copyrighted Materials only in approved formats, including lettering, logos, print styles, forms, and formats for advertising, promotional materials, invoices, signage, business checks, business cards, stationery, and promotional items. All usages must be pre-approved by Big Air Trampoline Park. Franchisees must also adhere to instructions in the Operations Manual and other directives from the franchisor regarding the Marks and Copyrighted Materials. This ensures uniformity and quality in all representations of the brand.
Big Air Trampoline Park franchisees are required to include a copyright notice on all advertising, promotional, and other materials related to the Products and Services. They must also use the Marks with a superscript "®" or "™" as specified by Big Air Trampoline Park, unless otherwise advised. If Big Air Trampoline Park determines that the use of Marks or Copyrighted Materials infringes upon the rights of any third party or weakens the franchisor's rights, the franchisee must immediately terminate or modify such use as directed by Big Air Trampoline Park. Big Air Trampoline Park may also require franchisees to use additional or substitute trade names, trademarks, service marks, or copyrighted materials. These measures protect the brand's legal standing and prevent potential disputes over intellectual property.