Is Pump It Up's approval of a site a warranty of its suitability for a Pump It Up Business?
Pump_It_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
You acknowledge and agree that our approval of a site does not constitute a representation or warranty of any kind, express or implied, of the site's suitability for a Pump It Up Business or for any other purpose.
Our approval indicates only that we believe that the site meets our then-current
site selection criteria. Applying criteria that have appeared effective with other sites might not accurately reflect the potential for all sites (including your site), and demographic and/or other factors included in or excluded from our criteria could change, altering the potential viability of a site. The uncertainty and instability of these criteria are beyond our control, and we are not responsible if a site we approve fails to meet your expectations. You acknowledge and agree that: (a) your submission of a proposed site for our acceptance is based on your own independent investigation of the site's suitability for the Franchised Business; and (b) our site-selection assistance is primarily for our benefit to assure us that we will have a minimally acceptable site upon the expiration or termination of this Agreement.
Source: Item 23 — RECEIPTS (FDD pages 60–225)
What This Means (2025 FDD)
According to Pump It Up's 2025 Franchise Disclosure Document, the franchisor's approval of a site does not constitute a warranty of the site's suitability for a Pump It Up Business. The FDD clearly states that Pump It Up's approval only indicates that the site meets their then-current site selection criteria. These criteria are subject to change, and their effectiveness may vary from site to site.
Pump It Up emphasizes that the franchisee is ultimately responsible for selecting the site for their Franchised Business. This includes conducting an independent investigation of the site's suitability. While Pump It Up provides site selection guidelines and criteria, the franchisee must rely on their own assessment and potentially hire a real estate broker to assist in the selection process.
Pump It Up highlights that their site-selection assistance primarily benefits them, ensuring a minimally acceptable site if the agreement expires or terminates. The document makes it clear that Pump It Up is not responsible if an approved site fails to meet the franchisee's expectations. This underscores the importance of thorough due diligence on the franchisee's part when choosing a location.