What happens if the franchisee dies and they are an individual operating a Big Air Trampoline Park?
Big_Air_Trampoline_Park Franchise · 2025 FDDAnswer from 2025 FDD Document
third party, which may include an heir or legatee that otherwise satisfies Franchisor's then-current standards and qualifications for new Franchisee. Such disposition of this Agreement or such interest (including, without limitation, transfer by bequest or inheritance, provided such transfer is in accordance with the requirements of this Section 15.9) shall be completed within a reasonable time, not to exceed six months from the date of death or permanent disability (unless extended by probate proceedings), and shall be subject to all the terms and conditions applicable to transfers contained in this Section. Franchisor shall have the right, in Franchisor's sole discretion, to operate the Big Air Trampoline Facility or to appoint a representative or designee to operate the Big Air Trampoline Facility, for a period of up to 180 days, or until such time as Franchisee's interest shall have been transferred to an approved third party, whichever occurs first. Franchisor or the appointed representative shall be entitled to retain all revenues, and shall pay all operating expenses from the operation of the Big Air Trampoline Facility, without the right to seek or require reimbursement by Franchisee's estate or personal representative, during the period of operation of the Big Air Trampoline Facility. Failure to transfer the interest in this Agreement or such interest in Franchisee within said period of time shall constitute a breach of this Agreement and shall entitle Franchisor to terminate this Agreement without further notice or the opportunity to cure. For purposes hereof, the term "Permanent Disability" shall mean a mental or physical disability, impairment or condition that prevent Franchisee or Franchisee's controlling shareholder, member or partner from performing the essential functions of Franchisee.
Source: Item 23 — RECEIPT (FDD pages 53–255)
What This Means (2025 FDD)
According to Big Air Trampoline Park's 2025 Franchise Disclosure Document, if a franchisee dies, their interest in the franchise agreement can be transferred to a third party, such as an heir or legatee, who meets Big Air Trampoline Park's standards for new franchisees. This transfer must be completed within a reasonable time, not exceeding six months from the date of death, although this period may be extended by probate proceedings. The transfer is subject to all the standard terms and conditions applicable to franchise transfers.
During the period following the franchisee's death, Big Air Trampoline Park has the right to operate the Big Air Trampoline Facility or appoint a representative to do so for up to 180 days, or until the franchise interest is successfully transferred, whichever comes first. During this time, Big Air Trampoline Park or its representative will retain all revenues generated by the facility and will be responsible for covering all operating expenses, without any obligation to seek reimbursement from the deceased franchisee's estate.
If the franchisee's interest is not transferred within the specified timeframe, it constitutes a breach of the franchise agreement. This gives Big Air Trampoline Park the right to terminate the agreement without further notice or opportunity to cure the breach. This provision ensures that the Big Air Trampoline Park franchise continues to operate under approved management and standards, even in the event of the franchisee's death, while also providing a defined timeline for the transfer of ownership.