What does Pump It Up consider an adequate remedy at law for violation of the software license?

According to the 2025 Pump It Up Franchise Disclosure Document, the franchisee's sole and exclusive remedy for defects in the software provided under the Software License is a replacement of the defective copies. This replacement is limited to defects in materials and workmanship that are not caused by the franchisee's misuse or unauthorized modification of the software.

Pump It Up explicitly disclaims all other warranties, whether expressed or implied, including those of merchantability and fitness for a particular purpose, except for the limited warranty of replacement. The document emphasizes that the franchisee is solely responsible for achieving desired results from using the software, evaluating its capabilities, and successfully operating it.

Pump It Up is not liable for any direct, indirect, special, incidental, consequential, or other damages, including lost data or profits, arising from the use or inability to use the software, even if Pump It Up has been advised of the possibility of such damages. This waiver of liability remains in effect even if any other term of the Software License is found to be unconscionable or unenforceable. This means that franchisees bear significant risk regarding the software's performance and any business losses resulting from its use.

This type of limitation on liability and warranty is common in franchise agreements, particularly concerning software. Prospective Pump It Up franchisees should carefully consider the implications of these limitations, understanding that their recourse is limited to software replacement in case of defects and that they assume the risk of any business losses resulting from software issues.