What assistance will Pump It Up provide in site selection?
Pump_It_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
on in the Site Selection Area as of the date of this Agreement. When you sign a lease or purchase contract for (or otherwise secure rights to utilize) the approved site for the Franchised Business, any limited rights you had with respect to the Site Selection Area will be deemed extinguished.
- (3) You assume all costs, liabilities and expenses for locating, obtaining and developing a site for the Franchised Business, and for constructing and equipping the Franchised Business in accordance with our System Standards. We will assist you in your site selection by providing you with our site selection guidelines and criteria (which may include population density and other demographic characteristics, visibility, traffic flow, competition, accessibility, parking, size, and other physical and commercial characteristics), and sources for you to obtain demographic information on proposed sites. You must obtain our written approval of the site before you make any binding commitments related to the site. If you have not presented to us a legitimately viable site for approval during the Site Approval Period, we may, in our sole discretion, terminate this Agreement pursuant to Section 19.
- (4) You are responsible for selecting the site for your Franchised Business. This may involve the hiring of and payment to a local real estate broker to assist you in your selection process. 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.
- (5) We anticipate that in the event you are leasing the Premises, the real estate brokerage commissions will be paid by your landlord. If your landlord will not or does not pay the applicable commission due to your real estate broker, you may be obligated to pay the broker's entire commission.
Source: Item 23 — RECEIPTS (FDD pages 60–225)
What This Means (2025 FDD)
According to Pump It Up's 2025 Franchise Disclosure Document, franchisees are responsible for selecting their site. Pump It Up will assist by providing site selection guidelines and criteria, which may include factors like population density, demographic characteristics, visibility, traffic flow, competition, accessibility, parking, size, and other physical and commercial characteristics. Pump It Up will also provide sources for franchisees to obtain demographic information on proposed sites.
The FDD stipulates that franchisees must obtain written approval from Pump It Up for their chosen site before making any binding commitments. If a franchisee fails to present a viable site for approval within the specified Site Approval Period, Pump It Up reserves the right to terminate the franchise agreement.
The approval of a site by Pump It Up does not constitute a warranty of its suitability for a Pump It Up Business. The FDD states that the site selection assistance is primarily for Pump It Up's benefit to ensure a minimally acceptable site upon expiration or termination of the agreement. Franchisees must conduct their own independent investigation of a site's suitability. Pump It Up may conduct an on-site evaluation of the proposed site within 30 days after receiving a detailed site evaluation package from the franchisee. The franchisee is responsible for a Site Evaluation Fee equal to $500 per person that Pump It Up sends to the site, per day, plus all travel, living, and other expenses for all site evaluations.