Who owns the "BIG AIR TRAMPOLINE PARK and LOGO" Marks and the System?
Big_Air_Trampoline_Park Franchise · 2025 FDDAnswer from 2025 FDD Document
The "BIG AIR TRAMPOLINE PARK and LOGO" Marks and the System are owned by H2O. H2O has granted us a non-exclusive license ("Intellectual Property License") to use the intellectual property for purposes of franchising the System around the world. The Intellectual Property License extends for 50 years, commencing February 11, 2015 provided that we are not in default or do not materially breach the Intellectual Property License by engaging in any activity which damages the Marks or the goodwill of the System. In the event the Intellectual Property License is terminated, H2O has agreed to negotiate a license with our licensees to use the "BIG AIR TRAMPOLINE PARK and LOGO" Marks and the System on substantially the same terms as the terms in our Intellectual Property License.
Source: Item 13 — TRADEMARKS (FDD pages 36–38)
What This Means (2025 FDD)
According to Big Air Trampoline Park's 2025 Franchise Disclosure Document, the "BIG AIR TRAMPOLINE PARK and LOGO" Marks and the System are owned by H2O. However, H2O has granted Big Air Trampoline Park a non-exclusive license, referred to as the "Intellectual Property License," to utilize the intellectual property for franchising the Big Air Trampoline Park system globally. This license is valid for 50 years, starting from February 11, 2015, provided that Big Air Trampoline Park remains in compliance and does not breach the Intellectual Property License by damaging the Marks or the goodwill of the System.
In the event that the Intellectual Property License is terminated, H2O has agreed to negotiate a license with Big Air Trampoline Park's franchisees. This new license would allow franchisees to continue using the "BIG AIR TRAMPOLINE PARK and LOGO" Marks and the System under substantially the same terms as the original Intellectual Property License. This provision aims to protect franchisees in case of a dispute or termination of the agreement between Big Air Trampoline Park and H2O.
This arrangement means that while Big Air Trampoline Park does not own the trademarks outright, it has the right to grant franchisees the ability to use them. Prospective franchisees should be aware of the terms and conditions of the Intellectual Property License, including the potential for renegotiation in the event of its termination. Understanding these details is crucial for assessing the long-term security and value of the franchise.