Which sections of the Big Air Trampoline Park franchise agreement are deleted by this amendment?
Big_Air_Trampoline_Park Franchise · 2025 FDDAnswer from 2025 FDD Document
The franchise agreement is hereby amended to delete Sections 1.1, 1.2, 1.8, and 22.
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- "Waiver of Jury Trial" (Section 21.1 of the Franchise Agreement) is deleted in its entirety.
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- "Potential Awards" (Sections 17.16 of the Franchise Agreement) is amended to delete any reference to a waiver of exemplary or punitive damages.
The "Summary" section of Item 17(g) entitled "Cause" Defined Defaults Which Can Be Cured, is deleted in its entirety and the following is substituted in its place: "If you fail to pay any amounts due to us or our affiliates and do not cure the breach within 30 days' notice from us, you have 30 days to cure any other default (except those defaults listed in (h))."
The "Summary" section of Item 17(r) of the Franchise Disclosure Document chart entitled Non-Competition Covenants and Section 14 and 17 of the Franchise Agreement and Section 11.2 of the Multi-Unit Development Agreement are amended as follows: "Covenants not to compete upon termination or expiration of the Franchise Agreement and Multi-Unit Development Agreement are generally unenforceable in the State of South Dakota."
The first sentence in Section 20.1 of the Franchise Agreement is deleted in its entirety and replaced with the following:
Except to the extent governed by the United States Trademark Act of 1946 (Lanham Act, 15 U.S.C. Sections 1051 et seq.), Indiana Franchise Disclosure Law and the Indiana Deceptive Franchise Practices Act, or other applicable federal law, this Agreement shall be interpreted under the laws of the State of California, and any dispute between the parties shall be governed by and determined in accordance with the substantive laws of the State of California, which laws shall prevail in the event of any conflict of law.
Section 14.2(b) of the Franchise Agreement is hereby deleted in its entirety and the following is substituted in its place:
14.2(b) Non-Competition. Upon termination or expiration of the Term or any Successor Term, or the transfer, sale or assignment of this Agreement by the Franchisee, neither the Franchisee, the Designated Business Manager nor the Franchisee's owners will have any direct or indirect interest (i.e. through a relative) as a disclosed or beneficial owner, investor, partner, director, officer, employee, consultant, representative or agent, for two (2) years, in any Competitive Business in the Territory.
Section 19.3 of the Franchise Agreement is hereby deleted in its entirety and the following is substituted in its place:
19.3 Except as otherwise provided in this Section, any controversy or dispute arising out of, or relating to the franchise or this Agreement including, but not limited to, any claim by the Franchisee or any person in privity with or claiming through, on behalf of or in the right of the Franchisee, concerning the entry into, performance under, or termination of, this Agreement or any other agreement entered into by the Franchisor, or its subsidiaries or affiliates, and the Franchis
Source: Item 22 — CONTRACTS (FDD page 53)
What This Means (2025 FDD)
According to the 2025 Big Air Trampoline Park Franchise Disclosure Document, several sections of the franchise agreement are deleted by amendments, with specific deletions varying by state. For all franchisees, Sections 1.1, 1.2, 1.8, and 22 of the franchise agreement are deleted.
For franchisees in North Dakota, Section 21.1 of the Franchise Agreement, regarding the waiver of a jury trial, is deleted in its entirety. Additionally, in North Dakota, Section 17.16 of the Franchise Agreement is amended to remove any reference to a waiver of exemplary or punitive damages.
For franchisees in South Dakota, the "Summary" section of Item 17(g) entitled "Cause" Defined Defaults Which Can Be Cured, is deleted in its entirety and replaced with a new clause. Also in South Dakota, the "Summary" section of Item 17(r) of the Franchise Disclosure Document chart entitled Non-Competition Covenants and Section 14 and 17 of the Franchise Agreement and Section 11.2 of the Multi-Unit Development Agreement are amended to state that covenants not to compete upon termination or expiration of the Franchise Agreement and Multi-Unit Development Agreement are generally unenforceable in the State of South Dakota.
In Indiana, the first sentence in Section 20.1 of the Franchise Agreement is deleted in its entirety and replaced with a new sentence. Also in Indiana, Section 14.2(b) of the Franchise Agreement is deleted in its entirety and replaced with a new section. Finally, Section 19.3 of the Franchise Agreement is deleted in its entirety and replaced with a new section.