Are relocation clauses found in the Lease deleted in the Addendum for Big Air Trampoline Park?
Big_Air_Trampoline_Park Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee must deliver to Franchisor, within 60 days of Franchisor approving the site, a copy of the proposed Lease, in a form acceptable to Franchisor, and such Lease must incorporate the terms of the Lease Addendum attached to this Agreement as Attachment F.
Once Franchisee's Big Air Trampoline Facility is open for business, Franchisee may only relocate the Big Air Trampoline Facility by complying with Franchisor's relocation procedures as set forth in the Operations Manual.
If the Big Air Trampoline Facility or a substantial part thereof is to be taken, the Big Air Trampoline Business may be relocated within the Territory specified in Attachment A, or elsewhere with Franchisor's written approval in accordance with Franchisor's relocation procedures set forth in the Operations Manual. If Franchisee opens a new business as provided above at another location in accordance with Franchisor's standards and general specifications within one year of the closing of the old Big Air Trampoline Facility, the new Big Air Trampoline Business shall be deemed to be the Big Air Trampoline Business licensed under this Agreement.
Source: Item 23 — RECEIPT (FDD pages 53–255)
What This Means (2025 FDD)
According to the 2025 FDD, the Lease for a Big Air Trampoline Park franchise must incorporate the terms of the Lease Addendum, which is attached to the Franchise Agreement as Attachment F. The FDD does not explicitly state that relocation clauses within the lease are deleted by this addendum. Instead, it indicates that the franchisee must comply with Big Air Trampoline Park's relocation procedures as detailed in the Operations Manual if they wish to relocate their Big Air Trampoline Park facility after it has opened for business.
Furthermore, in the event of a condemnation or casualty affecting the Big Air Trampoline Park facility, the franchise agreement outlines specific procedures for relocation. If a substantial part of the facility is taken, the Big Air Trampoline Business may be relocated within the designated territory or elsewhere with the franchisor's written approval, following the relocation procedures in the Operations Manual. If the new location meets Big Air Trampoline Park's standards and specifications and opens within one year of the old facility's closure, it will be considered the same licensed business under the original agreement.
Therefore, while the Lease Addendum is a mandatory component of the lease agreement, the FDD does not confirm whether it deletes existing relocation clauses. Instead, it appears to establish a framework where relocation is possible under certain circumstances, subject to the franchisor's approval and adherence to the procedures outlined in the Operations Manual. A prospective franchisee should clarify with Big Air Trampoline Park what specific changes the Lease Addendum makes to standard relocation clauses and how those changes might affect their rights and obligations.