What 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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- The Franchise Disclosure Document, the Franchise Agreement, and the Multi-Unit Development Agreement, are hereby amended to remove any requirement that you to consent to liquidated damages and/or termination penalties, pursuant to Section 51-19-09 of the North Dakota Franchise Investment Law.
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- "Limitation of Claims" (Section 17.16 of the Franchise Agreement) is amended to delete any reference to a waiver of exemplary or punitive damages and the second and third sentences of this Section will be deleted in their entirety and read as follows:
The first sentence in Section 20.1 of the Franchise Agreement is deleted in its entirety and replaced with the following:
Section 14.2(b) of the Franchise Agreement is hereby deleted in its entirety and the following is substituted in its place:
Section 19.3 of the Franchise Agreement is hereby deleted in its entirety and the following is substituted in its place:
Source: Item 22 — CONTRACTS (FDD page 53)
What This Means (2025 FDD)
According to the 2025 FDD, the franchise agreement for Big Air Trampoline Park is amended to delete specific sections, though the exact sections vary by state. For instance, in Rhode Island, the franchise agreement is amended to delete Sections 1.1, 1.2, 1.8, and 22.
In North Dakota, several sections of the franchise agreement are amended or deleted. Section 21.1, regarding the "Waiver of Jury Trial," is deleted entirely. Additionally, Section 17.16, concerning "Potential Awards," is amended to remove any reference to waiving exemplary or punitive damages. Section 22.2, "Acknowledgements," is also amended with additional language specifying that the franchisee received the agreement and attachments at least seven days before execution.
For franchisees in Indiana, the first sentence in Section 20.1 of the Franchise Agreement is deleted and replaced with a clause specifying that California law governs the agreement, except where superseded by the United States Trademark Act, Indiana Franchise Disclosure Law, or other applicable federal law. Section 14.2(b) regarding non-competition is also deleted and replaced with a new clause specifying restrictions on involvement in competitive businesses within the territory for two years after termination or transfer of the agreement. Section 19.3, concerning dispute resolution, is deleted and replaced with a clause addressing controversies related to the franchise agreement.