Are specifications, standards, and operating procedures communicated to the Big Air Trampoline Park franchisee considered part of the Franchise Agreement?
Big_Air_Trampoline_Park Franchise · 2025 FDDAnswer from 2025 FDD Document
other personal expenses for yourself and additional attendees which are incurred to attend training.
- (g) Loaning Franchisee during the Term (including any Successor Terms) one copy of Franchisor's confidential Operations Manual containing mandatory and suggested specifications, standards, operating procedures and rules prescribed from time to time by Franchisor as further stipulated in this Section 7, and containing information relative to other obligations of Franchisee hereunder. Specifications, standards and operating procedures prescribed from time to time by Franchisor in the Operations Manual or otherwise communicated to Franchisee in writing shall constitute provisions of this Agreement as if fully set forth herein. Franchisee shall operate the Big Air Trampoline Business strictly in accordance with the Operations Manual. Failure to comply with the standards set forth in the Operations Manual shall constitute a material breach of this Agreement. Franchisor reserves the right to provide the Operations Manual and updates to the Operations Manual in electronic form or other form determined by Franchisor. Franchisor shall have the right to add to, delete, and otherwise modify, the Operations Manual from time to time to reflect changes in authorized Products and Services, business image or the operation of the Big Air Trampoline Business; provided, however, no such addition or modification shall alter Franchisee's fundamental status and rights under this Agreement. Some of the revisions to the Operations Manual may include changes with respect to: (i) sales and marketing strategies; (ii) equipment and supplies; (iii) accounting and
reporting systems and forms; (iv) insurance requirements; (v) operating procedures; (vi) Services; (vii) Products; (viii) Construction Oversight Services; and (ix) Site Selection Assistance.
- (i) Franchisee covenants to accept, implement and adopt any such modifications at its own cost, except as provided in Section 8.7 of this Agreement. Franchisee shall keep its Operations Manual with replacement pages and insertions as instructed by Franchisor.
- (ii) Franchisee hereby acknowledges that the
Source: Item 23 — RECEIPT (FDD pages 53–255)
What This Means (2025 FDD)
According to the 2025 Big Air Trampoline Park Franchise Disclosure Document, the specifications, standards, and operating procedures that Big Air Trampoline Park prescribes in the Operations Manual or communicates to the franchisee in writing are considered provisions of the Franchise Agreement. This means that these guidelines are legally binding as if they were written directly into the agreement itself.
The franchisee is obligated to operate their Big Air Trampoline Business strictly according to the Operations Manual, and failure to meet the standards outlined in the manual constitutes a material breach of the Franchise Agreement. Big Air Trampoline Park has the right to modify the Operations Manual to reflect changes in authorized products and services, business image, or the operation of the Big Air Trampoline Business. However, these changes cannot alter the franchisee's fundamental rights under the agreement.
The franchisee must accept and implement any modifications to the Operations Manual at their own cost, with some exceptions as provided in Section 8.7 of the agreement. The Operations Manual remains the property of Big Air Trampoline Park, and the franchisee must return it upon termination of the agreement. If a printed Operations Manual is lost or destroyed, Big Air Trampoline Park may charge a Lost Operations Manual Fee of $500.