What are the Big Air Trampoline Park franchisee's obligations regarding the use of the Marks?
Big_Air_Trampoline_Park Franchise · 2025 FDDAnswer from 2025 FDD Document
anchisee 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. Franchisor shall reimburse Franchisee for the tangible out-of-pocket cost of compliance with this requirement (such as the cost of printing new letterhead and business cards), but Franchisee will have no rights of damages, offset, or right to terminate this Agreement as a result thereof and Franchisor shall have no liability or obligation whatsoever with respect to Franchisee's modification or discontinuance of any Marks or Copyrighted Materials.
- (b) Franchisee shall notify Franchisor within three days after receiving notice of any claim, demand or cause of action based upon or arising from any attempt by any other person, firm or corporation to use the Marks or any colorable imitation thereof or the Copyrighted Materials. Upon receipt of timely notice of an action, claim or demand against Franchisee relating to the Marks or Copyrighted Materials, Franchisor shall have the sole right, but not the duty, to defend any such action. Franchisor shall have the exclusive right to contest or bring action against any third party regarding the third party's use of any of the Marks or Copyrighted Materials and shall exercise such right in the sole discretion of Franchisor. Franchisor shall control all actions but not be obligated to take any action. In any defense or prosecution of any litigation relating to the Marks, Copyrighted Materials or components of the System undertaken by Franchisor, Franchisee shall cooperate with Franchisor, execute any and all documents, and take all actions as may be desirable or necessary in the opinion of Franchisor's counsel, to carry out such defense or prosecution. At Franchisor's option, Franchisee will join in any action, in which case Franchisor shall bear all the out-of-pocket costs of Franchisee for such participation. If Franchisee joins in an action, then the recovery, if any, from such legal action shall be first applied to the total expenses associated therewith and then split equally between Franchisor and Franchisee.
Source: Item 23 — RECEIPT (FDD pages 53–255)
What This Means (2025 FDD)
According to the 2025 Big Air Trampoline Park Franchise Disclosure Document, franchisees have several obligations regarding the use of the brand's trademarks, referred to as the "Marks." These obligations are designed to protect the brand's reputation and ensure consistent representation across all franchise locations. The Marks include "BIG AIR TRAMPOLINE PARK and LOGOTM", along with any other trademarks, logos, or service marks that Big Air Franchising, LLC designates for use by franchisees.
Franchisees must use the Marks only in approved formats, including lettering, logos, print styles, and forms, on items such as advertising materials, invoices, signage, business cards, and promotional items. All materials bearing the Marks must be approved by Big Air Trampoline Park. Franchisees are also required to safeguard the reputation and prestige of the Marks, avoiding any actions that could tarnish the brand's image or dilute its goodwill. Additionally, franchisees must include a copyright notice on all advertising and promotional materials and use the appropriate trademark symbols (® or ™) as directed by Big Air Trampoline Park.
Big Air Trampoline Park retains control over the Marks, including the right to modify or discontinue their use if necessary to protect the brand's interests or avoid infringement issues. Franchisees must comply with any changes or instructions regarding the Marks provided by Big Air Trampoline Park. Furthermore, any goodwill established through the franchisee's use of the Marks accrues solely to the benefit of Big Air Trampoline Park, and the franchise agreement does not grant franchisees any ownership interest in the Marks. Franchisees are prohibited from using the Marks in any unauthorized manner, including as part of a corporate or trade name, or with any modifications without prior approval.
Big Air Trampoline Park or its agents have the right to inspect the franchisee's Big Air Trampoline Business and operating procedures to ensure proper use of the Marks. Franchisees must also disclose any improvements or additions they develop related to the Big Air Trampoline Business to Big Air Trampoline Park, and these improvements may be used by Big Air Trampoline Park and other franchisees without any obligation to the originating franchisee. Big Air Trampoline Park may also seek intellectual property protection for such improvements. Big Air Trampoline Park makes no guarantees regarding the validity or enforceability of the Marks.