What is the meaning of 'optional' in the context of the Big Air Trampoline Park document?
Big_Air_Trampoline_Park Franchise · 2025 FDDAnswer from 2025 FDD Document
years ending December 31, 2024, December 31, 2023, and December 31, 2022. Our fiscal year end is December 31.
ITEM 22 CONTRACTS
Attached are the following agreements proposed for use in connection with our offering of franchises:
Exhibit:
- B. Franchise Agreement
- C. Multi-Unit Development Agreement
- F. State-Specific Addendum
- H. Non-Disclosure and Non-Competition Agreement
EXHIBIT F
TO FRANCHISE DISCLOSURE DOCUMENT OF BIG AIR FRANCHISING, LLC
STATE-SPECIFIC ADDENDUM TO FRANCHISE DISCLOSURE DOCUMENT, FRANCHISE AGREEMENT, AND MULTI-UNIT DEVELOPMENT AGREEMENT
The provisions of this State Law Addendum to Franchise Disclosure Document and Franchise Agreement ("State Addendum") apply only to those persons residing or operating Big Air Trampoline Businesses in the following states:
CALIFORNIA
Item 1 of the Franchise Disclosure Document is revised to include the following under Regulations:
Because you collect information from customers, it may contain personal information of individuals which is protected by law. You are also responsible for complying with all applicable current and future federal, state and local laws, regulations and requirements, including the California Consumer Privacy Act (as applicable), pertaining to the collection, protection, use, sale, disposal, and maintenance of such personal information. Personal information includes information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, potential consumer, individual or household, as such term may be further defined or amended by applicable federal, state, and local laws, regulations and requirements. You may also be required to comply with opt-in requirements on your website.
Item 5 of the Franchise Disclosure Document, Section 5.1 of the Franchise Agreement and Section 3.2 of the Multi-Unit Development Agreement are revised to include the following:
The Department has determined that we, the franchisor, have not demonstrated we are adequately capitalized and/or that we must rely on franchise fees to fund our operations. The Commissioner has imposed a requirement for us to maintain surety bonds under California Corporations Code section 31113 and 10 C.C.R. section 310.11.5 which must remain in effect during our registration period. Big Air Franchising, LLC has two surety bonds in California. The first surety bond is in the amount of $60,000.00 with Atlantic Specialty Insurance Company. The second surety bond is in the amount of $240,000 with Travelers Casualty and Surety Company of America. The bonds are available for you to recover your damages in the event we do not fulfill our obligations to you to open your franchised business. We will provide you with a copy of the surety bonds upon request.
Source: Item 22 — CONTRACTS (FDD page 53)
What This Means (2025 FDD)
Based on the 2025 Big Air Trampoline Park Franchise Disclosure Document excerpts, the term 'optional' is not explicitly defined. However, the document does include several exhibits and addenda that may or may not apply to a specific franchisee depending on their location and specific circumstances.
For example, the FDD mentions state-specific addenda that apply only to franchisees operating in certain states like California, Michigan, Rhode Island, Hawaii, Minnesota, South Dakota, Illinois, New York, Virginia, Indiana, North Dakota, Washington, Maryland, Ohio, and Wisconsin. These addenda modify provisions of the standard Franchise Agreement and Multi-Unit Development Agreement to comply with state laws. Therefore, whether a particular addendum is 'optional' depends on whether the franchisee is located in one of the listed states.
Additionally, the document refers to surety bonds required in California due to the franchisor's capitalization. These bonds may not be 'optional' for franchisees in California, as they are a requirement imposed by the state. A prospective franchisee should clarify with Big Air Trampoline Park which elements of the franchise agreement and related documents are optional based on their individual situation and location.