What kind of relationship does Big Air Trampoline Park consider an 'Associate' to have with the company or its franchisees?
Big_Air_Trampoline_Park Franchise · 2025 FDDAnswer from 2025 FDD Document
13. RELATIONSHIP
- 13.1 Franchisee acknowledges that it is an independent contractor and is not an agent, partner, joint venturer or employee of Franchisor and no training or supervision given by, or assistance from, Franchisor shall be deemed to negate such independence.
Neither party is liable or responsible for the other's debts or obligations, nor shall either party be obligated for any damages to any person or property directly or indirectly arising out of the operation of the other party's business authorized by or conducted pursuant to this Agreement.
Franchisor and Franchisee agree that no partnership, fiduciary relationship, joint venture or employment relationship exists between them.
Franchisee shall conspicuously identify itself in all dealings with the public as a sole operator that is an entity separate from Franchisor and state that Franchisor has no liability for the Big Air Trampoline Business being conducted from the Big Air Trampoline Business location.
It is expressly agreed that the parties intend by this Agreement to establish between Franchisor and Franchisee the relationship of franchisor and franchisee.
It is further agreed that Franchisee has no authority to create or assume in Franchisor's name or on behalf of Franchisor, any obligation, express or implied, or to act or purport to act as agent or representative on behalf of Franchisor for any purpose whatsoever.
Franchisee agrees that it will not hold itself out as the agent, employee, partner or co-venturer of Franchisor.
All employees hired by or working for Franchisee shall be the employees of Franchisee and shall not, for any purpose, be deemed employees of Franchisor or subject to Franchisor's control.
Each of the parties agrees to file its own tax, regulatory and payroll reports with respect to its respective employees and operations, saving and indemnifying the other party hereto of and from any liability of any nature whatsoever by virtue thereof.
Source: Item 23 — RECEIPT (FDD pages 53–255)
What This Means (2025 FDD)
According to the 2025 Big Air Trampoline Park FDD, a franchisee is considered an independent contractor and not an agent, partner, joint venturer, or employee of Big Air Trampoline Park. The agreement explicitly states that no training, supervision, or assistance from Big Air Trampoline Park should be interpreted as negating this independence.
Big Air Trampoline Park is not liable or responsible for the debts or obligations of the franchisee, and vice versa. Neither party is obligated for damages arising from the other's business operations. The agreement emphasizes that no partnership, fiduciary relationship, joint venture, or employment relationship exists between Big Air Trampoline Park and the franchisee.
Furthermore, the franchisee must clearly identify itself as a separate entity from Big Air Trampoline Park in all public dealings, stating that Big Air Trampoline Park has no liability for the business conducted at the franchisee's location. The franchisee cannot act as an agent or representative of Big Air Trampoline Park and agrees not to present themselves as such. All employees hired by the franchisee are solely employees of the franchisee and not of Big Air Trampoline Park. Each party is responsible for their own tax, regulatory, and payroll reports related to their respective employees and operations.