What is the purpose of the 'Description of Attached Document' section in 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.
Item 17 of the FDD is revised to include the following:
"THE CALIFORNIA FRANCHISE INVESTMENT LAW REQUIRES A COPY OF ALL PROPOSED AGREEMENTS RELATING TO THE SALE OF THE FRANCHISE BE DELIVERED TOGETHER WITH THE FRANCHISE DISCLOSURE DOCUMENT."
Neither the Franchisor, any person or franchise broker in Item 2 of the FDD is subject to any currently effective order of any national securities association or national securities exchange, as defined in the Securities Exchange Act of 1934, 15 U.S.C. A. 78a et seq., suspending or expelling the persons from membership in the association or exchange.
The franchise agreement provides for termination upon bankruptcy. This provision may not be enforceable under federal bankruptcy law (11 U.S.C.A. Sec. 101 et seq.).
California Business and Professions Code Sections 20000 through 20043 provide rights to you concerning termination, transfer or non-renewal of a franchise. If the franchise agreement contains a provision that is inconsistent with the law, the law will control.
The franchise agreement contains a covenant not to compete which, in the case of the franchise agreement, extends beyond the termination of the franchise. This provision may not be enforceable under California law.
The franchise agreement requires binding arbitration. This arbitration will occur in Ladera Ranch, California with the costs being born by the losing party. Prospective franchisees are encouraged to consult private legal counsel to determine the applicability of California and federal laws (such as Business and Professions Code Section 20040.5, Code of Civil Procedure Section 1281, and the Federal Arbitration Act) to any provision of a franchise agreement restricting venue to a forum outside the State of California.
The franchise agreement requires you to sign a general release of claims if you transfer your franchise or your multi-unit development agreement. California corporations code §31512 voids a waiver of your rights under the franchise investment law (California corporations code §§31000 through 31516). The business and professions code §20010 voids a waiver of your rights under the franchise relations act (business and professions code §§20000 through 20043).
Section 31125 of the California Franchise Investment Law requires us to give to you a disclosure document approved by the Commissioner of Financial Protection and Innovation before we ask you to consider a material modification of the franchise agreement.
Our website has not been reviewed or approved by the California Department of Financial Protection and Innovation Any complaints concerning the content of this website may be directed to the California Department of Financial Protection and Innovation at www.dfpi.ca.gov.
The disclosure document, franchise agreement, multi-unit development agreement and any document signed in connection with the franchise are supplemented with the following language:
No statement, questionnaire, or acknowledgment signed or agreed to by a franchisee in connection with the commencement of the franchise relationship shall have the effect of (i) waiving any claims under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on any statement by any franchisor, franchise seller, or other person acting on behalf of franchisor. This provision supersedes any other term of any document executed in connection with the franchise.
The franchise agreement is hereby amended to delete Sections 1.1, 1.2, 1.8, and 22 as the provisions violate California Corporations Code Section 31512.
The multi-unit development agreement is hereby amended to delete the seventh recital paragraph and Sections 19 and 23 as the provisions violate California Corporations Code Section 31512.
In the state of California, the highest interest rate permitted by law is ten percent (10%).
Exhibit I – Statement of Franchisee is hereby deleted in its entirety, as it violates California Corporations Code Sections 31512 and 31512.1.
The registration of this franchise offering by the California Department of Financial Protection and Innovation does not constitute approval, recommendation, or endorsement by the Commissioner.
[Surety Bonds on following page]
STATE OF CALIFORNIA – DEPARTMENT OF BUSINESS OVERSIGHT SURETY BOND DBO – 31113 (Rev 8-13)
BEFORE THE DEPARTMENT OF BUSINESS OVERSIGHT OF THE STATE OF CALIFORNIA
(Under Section 31113 of the Corporations Code)
| | Bond No. 800007857 | |------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|---------------------------------------------| | KNOW ALL MEN BY THESE PRESENTS: | | | That we Big Air Franchising, LLC | , as | | principal, and Atlantic Specialty Insurance Company | , a | | corporation, created, organized and existing under and by virtue of the laws of | f the State of | | New York , as surety, are held and firmly bound unto the State of Cal and for the use of any interested person or persons who may have a cause of a named principal of said bond under the provisions of the Law entitled "Francisco". | ction against the above- | | the State of California, in the aggregate sum of $60,000.00 , lawful more America, to be paid to the State of California, or to any person or persons, for aforesaid, for which payment well and truly to be made, we bind ourselves, or administrators, successors and assigns, jointly and severally, firmly by these parts of the state of California. | the use and benefit ir heirs, executors, | The condition of the above obligation is such that-
WHEREAS, The above-named principal has made application to the Commissioner of Business Oversight of the State of California for registration of franchises under and pursuant to the Franchise Investment Law, and desires to furnish a bond under the provisions of Section 31113 of the Corporations Code and Section 310.113.5 of Title 10, California Administrative Code in the penal sum above named, conditioned as herein set forth; and
WHEREAS, Section 31113 of the Corporations Code requires that this bond be conditioned upon the discharge by the franchisor of its (his) obligations under the franchise contract to provide real estate, improvements, equipment, inventory, training and other items included in the offering of franchises:
NOW, THEREFORE, If the said principal and any and all agents and employees representing said principal shall faithfully conform to and abide by the provisions of the Law entitled "Franchise Investment Law," and of all rules and regulations made by the Commissioner of Business Oversight thereunder, and further shall pay to the State, and to such person or persons, any and all amounts which may become due or owing to the State or to such person or persons, from said principal under and by virtue of the provisions of said Law, then this obligation is to be void, otherwise to remain in full force and effect.
This bond is subject to the following provisions:
- That any person who sustains an injury covered by this bond, may, in addition to any other remedy that he may have, bring an action in his own name upon this bond for the recovery of any damage sustained by him.
- That the total aggregate liability of the sureties herein for all claims which may arise under
STATE OF CALIFORNIA — DEPARTMENT OF BUSINESS OVERSIGHT SAMPLE - DOCUMENT TITLE
DBO - 31113 (Rev 8-13) Page 2 of 2
| this bond shall be limited to the payment of $80,000.00 | ) |
|---|---|
| 3. That the surety or sureties may cancel this bond and be relieved of furthereunder by delivering thirty days' written notice to the Commissioner of Business State of California; |
Source: Item 22 — CONTRACTS (FDD page 53)
What This Means (2025 FDD)
Based on the 2025 Franchise Disclosure Document, the 'Description of Attached Document' section, specifically Exhibit F, serves to provide state-specific addenda to the core franchise documents for Big Air Trampoline Park. These addenda modify the Franchise Disclosure Document (FDD), Franchise Agreement, and Multi-Unit Development Agreement to comply with the specific legal requirements of certain states.
For example, the document includes addenda for California, Michigan, Indiana and Washington. In California, revisions address consumer privacy laws and surety bond requirements due to the franchisor's capitalization. Michigan's addendum lists unenforceable provisions related to franchisee rights. For Indiana, modifications pertain to non-compete clauses, franchisee rights, and applicable litigation and governing law. For Washington, the document references surety bonds related to permits and franchises for construction and maintenance of facilities.
These state-specific addenda are crucial for prospective Big Air Trampoline Park franchisees because they outline how the standard franchise agreement is adjusted to align with local laws. Franchisees must understand these addenda to be fully aware of their rights and obligations within their specific state, as the standard agreement may not be entirely enforceable without these modifications. This ensures that the franchise operates in compliance with state regulations, reducing potential legal issues for both the franchisee and franchisor.