Can Big Air Trampoline Park reject a location for the Big Air Trampoline Park facility in its sole discretion?
Big_Air_Trampoline_Park Franchise · 2025 FDDAnswer from 2025 FDD Document
The Big Air Trampoline Facility site is subject to Franchisor's written authorization, which may be granted or denied in Franchisor's sole discretion.
Franchisee agrees that the location of the Big Air Trampoline Facility is a factor in the potential success of the Big Air Trampoline Business and Franchisor may reject any location in its sole discretion.
However, Franchisee agrees that Franchisor's assistance in no way constitutes a representation or warranty with respect to the success or viability of the property or the Lease.
Franchisee acknowledges that Franchisor's authorization of the Big Air Trampoline Facility site indicates only that Franchisor believes that the site falls within acceptable criteria established by Franchisor as of the approval date.
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 franchisor has the authority to reject a proposed site for a Big Air Trampoline Park facility in its sole discretion. The FDD states that the Big Air Trampoline Facility site is subject to the franchisor's written authorization, which may be granted or denied at their discretion. Furthermore, the document emphasizes that the location of the Big Air Trampoline Park facility is a critical factor in the potential success of the business, reinforcing the franchisor's right to reject any location they deem unsuitable. However, the franchisor's assistance and authorization do not constitute a warranty or representation regarding the success or viability of the property or lease.
This clause means that while Big Air Trampoline Park may offer assistance in analyzing potential locations, the final decision rests with the franchisor. A prospective franchisee might find a location they believe is ideal, but Big Air Trampoline Park can still reject it if it does not meet their criteria. This protects the brand from being associated with locations that the franchisor believes are likely to fail.
For a potential franchisee, this highlights the importance of working closely with Big Air Trampoline Park during the site selection process. While the franchisee is responsible for locating a site and negotiating the lease, the franchisor's approval is mandatory. Franchisees should ensure they understand the franchisor's site selection criteria, as outlined in Section 8.3(b) or the Operations Manual, and present locations that align with these requirements to increase the likelihood of approval. Franchisees should also consider that the franchisor's approval only indicates that the site meets their criteria at the time of approval and does not guarantee the success of the location.