On what basis should a Pump It Up franchisee submit a proposed site for acceptance?
Pump_It_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
es. 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.
- (6) You must submit to us, in the form that we specify, a completed site evaluation package containing a scalable "As-Built" floor plan copy of the existing site plan, photographs, demographic information, financial information, and such other information and materials as we may reasonably require, together with an option contract, letter of intent, or other evidence satisfactory to us which confirms your favorable prospects for obtaining an ownership or leasehold interest in the site.
- (7) Within 30 days after we receive the detailed site evaluation package, we may, but are not obligated to, conduct an on-site evaluation of the proposed site. You must reimburse us for all travel, living and other expenses we incur in conducting any on-site evaluations of your proposed site. We reserve the right to charge a fee for the first on-site evaluation that we conduct for a particular Franchised Business. For any additional on-site evaluations with respect to the same Franchised Business, we reserve the right to charge, in addition to our travel expenses, our thencurrent site evaluation fee.
Source: Item 23 — RECEIPTS (FDD pages 60–225)
What This Means (2025 FDD)
According to Pump It Up's 2025 Franchise Disclosure Document, a franchisee's submission of a proposed site for acceptance should be based on their own independent investigation of the site's suitability for the Franchised Business. Pump It Up's site-selection assistance primarily benefits the franchisor, ensuring a minimally acceptable site if the agreement expires or terminates. The franchisee is responsible for selecting the site, potentially involving hiring and paying a local real estate broker. Pump It Up's approval doesn't guarantee the site's suitability but indicates it meets their current criteria, which may change and not accurately reflect the site's potential.
The franchisee must submit a completed site evaluation package in a specified form. This package should include a scalable "As-Built" floor plan copy of the existing site plan, photographs, demographic and financial information, and any other reasonably required materials. Additionally, the franchisee must provide an option contract, letter of intent, or other satisfactory evidence confirming favorable prospects for obtaining ownership or a leasehold interest in the site.
Pump It Up may conduct an on-site evaluation of the proposed site within 30 days of receiving the detailed site evaluation package, but they are not obligated to do so. The franchisee is responsible for reimbursing Pump It Up for all travel, living, and other expenses incurred during any on-site evaluations. Pump It Up reserves the right to charge a fee for the first on-site evaluation and additional fees for subsequent evaluations. Pump It Up will use reasonable efforts to approve or disapprove the proposed site within 30 days after submission of the complete package; failure to approve within this period is deemed a rejection. Approval may be subject to reasonable conditions determined by Pump It Up.