Does the non-compete apply to affiliate-owned Big Air Trampoline Park facilities?
Big_Air_Trampoline_Park Franchise · 2025 FDDAnswer from 2025 FDD Document
- (b) Upon termination or expiration of the Term or any Successor Term, or the transfer, sale or assignment of this Agreement by Franchisee, neither Franchisee, the Designated Business Manager nor Franchisee's owners, officers, directors, managers, members, or partners will have any direct or indirect interest (i.e. through a relative) as a disclosed or beneficial owner, investor, partner, director, officer, employee, consultant, representative or agent, for two years, in any Competitive Business in: (1) the Territory or any other franchisee's territory; (2) within 100 miles of the Territory or any other franchisee's territory; or (3) within 100 miles of any Franchisor or Affiliate-owned Big Air Trampoline Business.
Source: Item 23 — RECEIPT (FDD pages 53–255)
What This Means (2025 FDD)
According to Big Air Trampoline Park's 2025 Franchise Disclosure Document, the non-compete agreement does apply to affiliate-owned Big Air Trampoline Park facilities. Specifically, upon termination or expiration of the franchise agreement, the franchisee is restricted from having any direct or indirect interest in a Competitive Business within 100 miles of any affiliate-owned Big Air Trampoline Business. This restriction extends for a period of two years.
This means that after the franchise agreement ends, a former franchisee cannot be involved with a competing business (defined as an indoor trampoline recreation and party center) within the specified radius of an affiliate-owned Big Air Trampoline Park. This includes being an owner, investor, partner, director, officer, employee, consultant, representative, or agent. The restriction aims to prevent franchisees from using knowledge gained during their time with Big Air Trampoline Park to benefit a competing business in the same geographic area.
This non-compete clause is a standard practice in franchising to protect the brand and its franchisees from unfair competition. Prospective franchisees should carefully consider the implications of this restriction, especially if they plan to remain in the same geographic area after the franchise agreement expires or terminates. It is important to note that the non-compete also applies to company-owned and other franchisee-owned Big Air Trampoline Park locations, further limiting options for future business ventures in the same industry.