What is the Big Air Trampoline Park franchisee's obligation regarding the completion of construction of the facility?
Big_Air_Trampoline_Park Franchise · 2025 FDDAnswer from 2025 FDD Document
other than as set forth in this Agreement. To the extent any other services, or any specific level or quality of service is expected, Franchisee must obtain a commitment to provide such service or level of service in writing signed by an authorized officer of Franchisor, otherwise Franchisee acknowledges and agrees that Franchisor shall not be obligated to provide any other services or specific level or quality of services.
8. FRANCHISEE'S DUTIES, OBLIGATIONS AND OPERATING STANDARDS
- 8.1 Franchisee shall, consistent with the terms of this Agreement, diligently develop the Big Air Trampoline Business and use its best efforts to market and promote the required Services and Products.
- 8.2 Subject to the terms of this Agreement, Franchisee shall open the Big Air Trampoline Facility for business on or before the projected opening date ("Projected Opening Date") set forth on Attachment A (typically 12 months from the effective date of this Agreement), but in no event more than 18 months from the effective date of this Agreement, unless Franchisee obtains Franchisor's express written permission to extend the Projected Opening Date, which permission may be granted or denied in Franchisor's sole discretion. Any and all extensions may be conditioned upon the payment of a $5,000 extension fee ("Extension Fee").
- 8.3 Franchisee shall complete the construction of Franchisee's Big Air Trampoline Facility, and shall maintain the Big Air Trampoline Facility, in accordance with the following requirements:
- (a) Franchisee shall, at Franchisee's sole cost and expense, complete the interior build-out and install all equipment, furniture, fixtures, and security cameras as specified by Franchisor in the Operations Manual, and required by this Agreement.
- (b) Franchisee may purchase or lease the required real property and improvements from any source upon terms approved by Franchisor in writing. Franchisee must obtain Franchisor's approval regarding location of the Big Air Trampoline Facility within 180 days of the execution of this Agreement. If Franchisee does not obtain approval from Franchisor of the site, which may be withheld in Franchisor's sole discretion, within 180 days after the effective date of the Franchise Agreement, Franchisor may elect to terminate this Agreement in Franchisor's sole discretion. Franchisee must deliver to Franchisor any traffic, competition and demographic or similar location information relating to any proposed site that Franchisor reasonably requests for review at least 20 days before any proposed Lease signing date. Franchisee must deliver to Franchisor, within 60 days of Franchisor approving the site, a copy of the proposed Lease, in a form acceptable to Franchisor, and such Lease must incorporate the terms of the Lease Addendum attached to this Agreement as Attachment F. Notwithstanding anything herein to the contrary, Franchisor may, in its sole discretion, extend the time periods set forth in this Section 8.3(b).
- (c) Subject to the terms of this Section, Franchisee must at all times comply with Franchisor's standards, specifications, processes, procedures, requirements and instructions regarding the Big Air Trampoline Facility's physical facilities, including the layout of the equipment, furnishings, fixtures, and activity, party, and waiting rooms. Franchisee must maintain the Big Air Trampoline Facility and any parking areas in good and safe condition, as specified in the Operations Manual. During the third calendar year following the opening of the Big Air Trampoline Facility, Franchisee must remodel or upgrade the Big Air Trampoline
Facility at Franchisee's sole cost and expenses in accordance with Franchisor's stan
Source: Item 23 — RECEIPT (FDD pages 53–255)
What This Means (2025 FDD)
According to Big Air Trampoline Park's 2025 Franchise Disclosure Document, the franchisee is responsible for completing the construction of their Big Air Trampoline Park facility. The franchisee must complete the interior build-out and install all equipment, furniture, fixtures, and security cameras as specified by Big Air Trampoline Park in the Operations Manual and the Franchise Agreement. This construction and maintenance are to be done at the franchisee's sole cost and expense. The franchisee can purchase or lease the required real property and improvements from any source, but the terms must be approved in writing by Big Air Trampoline Park.
The franchisee must obtain Big Air Trampoline Park's approval regarding the location of the facility within 180 days of the Franchise Agreement's execution. Failure to secure site approval within this timeframe gives Big Air Trampoline Park the right to terminate the agreement. The franchisee is also required to provide Big Air Trampoline Park with traffic, competition, demographic, and other location-related information for review at least 20 days before signing any proposed lease. Within 60 days of site approval from Big Air Trampoline Park, the franchisee must provide a copy of the proposed lease, incorporating the terms of the Lease Addendum, for final approval.
The franchisee must adhere to Big Air Trampoline Park's standards, specifications, processes, procedures, requirements, and instructions regarding the physical facilities, including the layout of equipment, furnishings, fixtures, and activity, party, and waiting rooms. The franchisee is also responsible for maintaining the facility and parking areas in good and safe condition, as detailed in the Operations Manual. Additionally, during the third calendar year after opening, the franchisee is required to remodel or upgrade the facility at their own expense, according to Big Air Trampoline Park's standards, which Big Air Trampoline Park can modify at any time. The franchisee must also upgrade the Computer System at their sole cost and expense in accordance with Big Air Trampoline Park’s standards as set forth in the Operations Manual, which may be modified by Big Air Trampoline Park at any time in Big Air Trampoline Park’s discretion.
Furthermore, the franchisee must apply for all necessary operating permits and licenses within 120 days after signing the lease for the Big Air Trampoline Park facility. Franchisees must diligently develop the Big Air Trampoline Business and use its best efforts to market and promote the required Services and Products. The franchisee must open the Big Air Trampoline Facility for business on or before the projected opening date set forth on Attachment A (typically 12 months from the effective date of this Agreement), but in no event more than 18 months from the effective date of this Agreement, unless Franchisee obtains Franchisor's express written permission to extend the Projected Opening Date, which permission may be granted or denied in Franchisor's sole discretion. Any and all extensions may be conditioned upon the payment of a $5,000 extension fee.