How is the franchisee's territory for a Big Air Trampoline Park franchise determined?
Big_Air_Trampoline_Park Franchise · 2025 FDDAnswer from 2025 FDD Document
4. TERRITORY
4.1 During the Term and for so long as Franchisee is in compliance with all of its obligations hereunder, except as otherwise provided in this Agreement, and subject to Franchisor's reservation of rights as set forth in Section 4.2 and as provided in Section 4.4 below, neither Franchisor nor any Affiliate will establish or license another person or entity to establish a Big Air Trampoline Business using the Marks licensed to Franchisee within the Territory encompassed by the boundaries set forth in Attachment A, attached hereto and incorporated herein by reference. Except as otherwise specifically provided in this Agreement, this Agreement does not restrict Franchisor or its Affiliates and does not
grant rights to Franchisee to pursue any of Franchisor's or its Affiliates other business concepts other than the Big Air Trampoline Business.
4.2 Franchisee acknowledges that the Franchise granted hereunder is non-exclusive and that Franchisor and its Affiliates retain the exclusive right, among others:
(a) to use, franchise and/or license others to use, the Marks and System for the operation of Big Air Trampoline Businesses at any location other than in the Territory, regardless of proximity to the Territory;
(b) to offer the Services or Products, or grant others the right to offer the Services or Products, whether using the System and /or Marks or other trademarks or service marks, through alternative channels of distribution, including without limitation, television, catalog sales, wholesalers, retail outlets or other distribution outlets (other than Big Air Trampoline Businesses), or by Internet commerce (e-commerce), mail order or otherwise, whether inside or outside the Territory;
(c) to use, license and/or franchise the use of trademarks or service marks other than the Marks, whether in alternative channels of distribution or at any location including the Territory, in association with operations that are similar to or different than the Big Air Trampoline Business;
(d) to use, license and/or franchise the Marks and the System in connection with the provision of other services and products or in alternative channels of distribution such as those described in 4.2(b), at any location including the Territory;
Source: Item 23 — RECEIPT (FDD pages 53–255)
What This Means (2025 FDD)
According to Big Air Trampoline Park's 2025 Franchise Disclosure Document, a franchisee's territory is defined in Attachment A of the Franchise Agreement. During the term of the agreement, and as long as the franchisee complies with their obligations, Big Air Trampoline Park will not establish or license another entity to establish a Big Air Trampoline Business using the same marks within the territory defined in Attachment A.
However, the FDD also states that the franchise granted is non-exclusive. Big Air Trampoline Park retains the right to operate or franchise others to operate Big Air Trampoline Businesses outside the franchisee's territory, regardless of proximity. They can also offer services or products through alternative channels of distribution, such as television, catalogs, wholesalers, retail outlets, e-commerce, or mail order, whether inside or outside the franchisee's territory.
Big Air Trampoline Park also retains the right to use, license, or franchise the use of other trademarks or service marks, whether in alternative distribution channels or at any location, including within the franchisee's territory, for operations similar to or different from the Big Air Trampoline Business. This includes using the Big Air Trampoline Park marks and system to provide other services and products in alternative channels of distribution within the franchisee's territory.
Upon expiration or termination of the agreement for a Multi-Unit Developer, the territory reverts to just the physical franchised location. This means the franchisee's exclusive rights are limited to the specific location of their Big Air Trampoline Park, as defined in the individual Franchise Agreement.