What is the Big Air Trampoline Park franchisee's obligation regarding the construction of the facility?
Big_Air_Trampoline_Park Franchise · 2025 FDDAnswer from 2025 FDD Document
ening 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 standards as set forth in the Operations Manual, which Franchisor has the right to modify at any time. Franchisee must upgrade the Computer System at Franchisee's sole cost and expenses in accordance with Franchisor's standards as set forth in the Operations Manual, which may be modified by Franchisor at any time in Franchisor's discretion.
Source: Item 23 — RECEIPT (FDD pages 53–255)
What This Means (2025 FDD)
According to the 2025 Big Air Trampoline Park FDD, the franchisee is responsible for completing the construction of their Big Air Trampoline Park facility at their sole cost and expense. This includes the interior build-out and the installation of all equipment, furniture, fixtures, and security cameras as specified by Big Air Trampoline Park in the Operations Manual and the Franchise Agreement. The franchisee may purchase or lease the required real property and improvements, but the terms must be approved in writing by Big Air Trampoline Park. The franchisee must also obtain Big Air Trampoline Park's approval regarding the location of the facility within 180 days of the Franchise Agreement's execution.
Specifically, the franchisee must provide traffic, competition, and demographic information relating to any proposed site to Big Air Trampoline Park for review at least 20 days before signing any lease. Within 60 days of Big Air Trampoline Park's site approval, the franchisee must deliver a copy of the proposed lease, in a form acceptable to Big Air Trampoline Park, incorporating the terms of the Lease Addendum attached to the Franchise Agreement. The franchisee must also comply with Big Air Trampoline Park's standards, specifications, processes, procedures, requirements, and instructions regarding the facility's physical attributes, including the layout of equipment, furnishings, fixtures, and activity, party, and waiting rooms.
The franchisee is obligated to maintain the Big Air Trampoline Park facility and any parking areas in good and safe condition, as detailed in the Operations Manual. Furthermore, during the third calendar year following the facility's opening, the franchisee must remodel or upgrade the facility at their own expense, adhering to Big Air Trampoline Park's standards as outlined in the Operations Manual, which Big Air Trampoline Park has the right to modify. The franchisee must also upgrade the Computer System at their sole cost and expenses 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.
Finally, the franchisee is responsible for applying for all required operating permits and licenses within 120 days after signing the lease for the Big Air Trampoline Park facility. Big Air Trampoline Park also provides construction oversight services during the construction of the Big Air Trampoline Facility.