What is the Multi-Unit Developer desiring to obtain regarding Big Air Trampoline Park facilities?
Big_Air_Trampoline_Park Franchise · 2025 FDDAnswer from 2025 FDD Document
rampoline Facility will be applied to the Development Initial Franchise Fee. The Initial Franchise Fee for each Big Air Trampoline Facility is due upon the execution of each single-unit Franchise Agreement. All amounts collected shall be deemed fully earned immediately upon receipt and shall be non-refundable, regardless of whether Multi-Unit Developer opens any of the Big Air Trampoline Facilities it is obligated to open in the Development Territory.
- 3.3 Franchisor shall provide the Multi-Unit Developer with Franchisor's then-current training program and on-site opening assistance for each Big Air Trampoline Facility to be developed hereunder pursuant to the applicable Franchise Agreement.
4. DEVELOPMENT SCHEDULE AND MANNER FOR EXERCISING DEVELOPMENT RIGHTS
4.1 Multi-Unit Developer shall exercise the development rights granted under this Agreement only by entering into a separate Franchise Agreement with Franchisor for each Big Air Trampoline Facility for which a development right is granted. The Franchise Agreement to be executed for the first Big Air Trampoline Facility to be developed by Multi-Unit Developer under this Agreement shall be executed and delivered, and the Initial Franchisee Fee for the first Big Air Trampoline Facility shall be paid, to Franchisor concurrently with the execution and delivery of this Agreement. All subsequent Big Air Trampoline Facilities developed under this Agreement shall be established and operated pursuant to the form of Franchise Agreement then being used by Franchisor for a Big Air Trampoline Facility. Multi-Unit Developer acknowledges that the then-current form of Franchise Agreement may differ from the form attached, and may include different economic terms, including, but not limited to, higher royalty rates and advertising contributions.
4.2 Development Schedule.
(a) Acknowledging that time is of the essence, Multi-Unit Developer agrees to exercise its development rights according to Section 3.1 and according to the Development Schedule set forth on Attachment B, which schedule designates the number of Big Air Trampoline Facilities in the Development Territory to be established and in operation by Multi-Unit Developer upon the expiration of each of the designated development periods ("Development Periods").
- (b) During any Development Period, Multi-Unit Developer may, with Franchisor's prior written consent, develop more than the number of Big Air Trampoline Facilities that Multi-Unit Developer is required to develop during that Development Period. Any Big Air Trampoline Facilities developed during a Development Period in excess of the minimum number of Big Air Trampoline Facilities required to be developed upon expiration of that Development Period shall be applied to satisfy Multi-Unit Developer's development obligation during the next succeeding Development Period. Multi-Unit Developer shall not open more than the cumulative total number of Big Air Trampoline Facilities Multi-Unit Developer is obligated to develop under this Agreement, as set forth above in the Development Schedule; provided, however, that Multi-Unit Developer may be permitted to open Big Air Trampoline Facilities in excess of the number permitted by the Development Schedule if, in Franchisor's sole discretion, Franchisor determines that the Development Territory can support additional Big Air Trampoline Facilities and Multi-Unit Developer receives Franchisor's advanced written permission to develop more Big Air Trampoline Facilities. Multi-Unit Developer shall pay Franchisor the then-current Initial Franchise Fee applicable at the time Multi-Unit Developer signs a Franchise Agreement for any additional Big Air Trampoline Facilities.
Source: Item 23 — RECEIPT (FDD pages 53–255)
What This Means (2025 FDD)
According to the 2025 Big Air Trampoline Park FDD, a Multi-Unit Developer exercises development rights by entering into a separate Franchise Agreement with Big Air Trampoline Park for each facility. The initial Franchise Agreement and fee for the first facility are due upon signing the Multi-Unit Development Agreement. Subsequent facilities operate under the then-current Franchise Agreement, which may differ from the initial agreement and include different economic terms.
The Multi-Unit Developer must adhere to a Development Schedule, which outlines the number of Big Air Trampoline Park facilities to be established and operational within specific development periods. The Multi-Unit Developer can develop more facilities than required during a period with Big Air Trampoline Park's consent, and these can count towards the next period's obligations. Failure to meet the Development Schedule can result in a default of the agreement.
Prior to construction, the Multi-Unit Developer must execute a Franchise Agreement for each Big Air Trampoline Park facility. If a facility ceases operation, the Multi-Unit Developer is obligated to develop a replacement within a reasonable timeframe. Extensions to the development period may be granted for construction delays, potentially with a $5,000 extension fee. The Multi-Unit Developer must also comply with all applicable laws and obtain necessary licenses and permits for each Big Air Trampoline Park facility.