Is the Big Air Trampoline Park guaranty continuing and irrevocable, and if so, for what period?
Big_Air_Trampoline_Park Franchise · 2025 FDDAnswer from 2025 FDD Document
- (vii) The Multi-Unit Developer and its principals must remain liable for all direct and indirect obligations to Franchisor in connection with the Big Air Trampoline Facilities before the effective date of transfer and will continue to remain responsible for their obligations of nondisclosure, noncompetition and indemnification as provided in the Franchise Agreements and Personal Guaranty, attached into this Agreement as Attachment C, and shall sign any and all instruments reasonably requested by Franchisor to further evidence this liability; and
Source: Item 23 — RECEIPT (FDD pages 53–255)
What This Means (2025 FDD)
Based on the 2025 Franchise Disclosure Document, the Multi-Unit Developer and its principals must remain liable for all direct and indirect obligations to Franchisor in connection with the Big Air Trampoline Facilities before the effective date of transfer. This liability extends to their obligations of nondisclosure, noncompetition, and indemnification as provided in the Franchise Agreements and Personal Guaranty, which is attached to the agreement as Attachment C. They must also sign any instruments reasonably requested by Big Air Trampoline Park to further evidence this liability.
This means that even if a Multi-Unit Developer transfers their Big Air Trampoline Park locations to a new owner, the original developer and their principals remain on the hook for certain obligations. These include maintaining confidentiality about Big Air Trampoline Park's business practices, not competing with Big Air Trampoline Park, and protecting Big Air Trampoline Park against any losses or damages.
For a prospective franchisee, this highlights the importance of understanding the full scope of the Personal Guaranty and related agreements. Even after a transfer, the original Multi-Unit Developer remains responsible for certain liabilities, which could have long-term financial implications. It is important to carefully review Attachment C and related sections of the Franchise Agreement to fully understand these continuing obligations.