What is the scope of the confidentiality agreement that Big Air Trampoline Park requires?
Big_Air_Trampoline_Park Franchise · 2025 FDDAnswer from 2025 FDD Document
dopt reasonable procedures to prevent unauthorized disclosure of our Trade Secrets and Confidential Information.
We will disclose parts of the Confidential Information and Trade Secrets to you as we deem necessary or advisable for the development of your Big Air Trampoline Business during training and in guidance and assistance furnished to you under the Franchise Agreement, and you may learn or obtain from us additional Confidential Information and Trade Secrets during the term of the Franchise Agreement. The Confidential Information and Trade Secrets are valuable assets of ours and are disclosed to you on the condition that you, and your owners, if you are a business entity, and employees agree to maintain the information in confidence by entering into a confidentiality agreement that we can enforce. Nothing contained in the Franchise Agreement will be construed to prohibit you from using the Confidential Information or Trade Secrets in the operation of other Big Air Trampoline Businesses during the term of the Franchise Agreement.
You must notify us within three days after you learn about another's use of language, a visual image, or a recording of any kind, that you perceive to be identical or substantially similar to one of our Copyrighted Works or use of our Confidential Information or Trade Secrets or if someone challenges your use of our Copyrighted Works, Confidential Information or Trade Secrets. We will take whatever action we deem appropriate, in our sole and absolute discretion, to protect our rights in and to the Copyrighted Works, Confidential Information or Trade Secrets, which may include payment of reasonable costs associated with the action. However, the Franchise Agreement does not require us to take affirmative action in response to any apparent infringement of or challenge to your use of any Copyrighted Works, Confidential Information or Trade Secrets or claim by any person of any rights in any Copyrighted Works, Confidential Information or Trade Secrets. You must not directly or indirectly contest our rights to any of
our Copyrighted Works, Confidential Information or Trade Secrets. You may not communicate with anyone except us and our counsel with respect to any infringement, challenge or claim. We will have discretion to take action as we deem appropriate regarding any infringement, challenge or claim, and the sole right to control exclusively any litigation or other proceeding arising out of any infringement, challenge or claim under any Copyrighted Works, Confidential Information or Trade Secrets. You must sign any and all instruments and documents, give the assistance, and do acts and things that may, in the opinion of our counsel, be necessary to protect and maintain our interests in any litigation or proceeding or to protect and maintain our interests in the Copyrighted Works, Confidential Information or Trade Secrets.
No patents are material to us at this time, although we reserve the right to file a patent on the design for our towers, launch platforms, and other jungle equipment.
We have the right to inspect, copy and use all records with respect to the customers, suppliers, and other services providers of, and related in any way to your Big Air Trampoline Business.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 39–40)
What This Means (2025 FDD)
According to Big Air Trampoline Park's 2025 Franchise Disclosure Document, franchisees and their owners and employees must agree to maintain the confidentiality of certain information by entering into a confidentiality agreement. This agreement is required because Big Air Trampoline Park will disclose Confidential Information and Trade Secrets to the franchisee during training and ongoing support. This information is considered a valuable asset of Big Air Trampoline Park.
The Confidential Information includes the Operations Manual, electronic information and communications, sales and promotional materials, the development and use of their System, standards, specifications, policies, procedures, information, concepts and systems on, knowledge of and experience in the development, operation and franchising of Big Air Trampoline Businesses, formulations for and packaging of Products, and training and safety techniques used to provide Services sold at Big Air Trampoline Businesses, information concerning Product and Service sales, operating results, financial performance and other financial data of Big Air Trampoline Businesses and other related materials are proprietary and confidential. Where appropriate, certain information has also been identified as trade secrets.
Big Air Trampoline Park also requires franchisees to disclose any ideas, techniques, and products concerning the development and operation of the Big Air Trampoline Park business that they or their employees conceive or develop during the term of the Franchise Agreement. Franchisees must grant Big Air Trampoline Park a perpetual, non-exclusive, and worldwide right to use these ideas in all indoor children's adventure businesses that they operate, without any obligation for Big Air Trampoline Park to make payments to the franchisee. Franchisees also cannot allow any other person or entity to use any of these ideas, techniques or products without obtaining Big Air Trampoline Park's prior written approval.