What does Pump It Up consider to be its confidential trade secrets related to the business?
Pump_It_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
- (1) We own and control the distinctive plan for the establishment, operation and promotion of the Pump It Up Business and all related licensed methods of doing business, previously defined as the "System Standards." System Standards may regulate and/or provide suggested specifications, best practices, standards, operating procedures, general guidance, ongoing advice, and consultation to you on any one or more of the following with respect to the Pump It Up Business: franchised site, premises, leasehold improvements, interior finish, interior décor, furnishings, equipment, products, product formulas, supplies, materials, inventory type, technical equipment standards, client relations, marketing techniques, written promotional materials, advertising, accounting systems, and service delivery methods.
All information identified in the preceding sentence constitute our confidential trade secrets.
You understand that our System Standards may regulate (to the extent allowed by law) maximum, minimum and other pricing requirements for the services and products your Pump It Up Business sells.
You acknowledge that we have valuable rights in and to such trade secrets.
You further acknowledge that you have not acquired any right, title or interest in the System Standards except for the right to use the System Standards in the operation of the Pump It Up Business as it is governed by this Agreement and that it is obligated to maintain the confidentiality of the System Standards.
- (2) You acknowledge that each and every detail of the appearance, layout, décor, cleanliness, safety standards, services and operation of the Franchised Business is essential to us and to other franchisees of Pump It Up Businesses to preserve the goodwill of the Marks and all Pump It Up Businesses.
These details constitute our protected trade dress.
Source: Item 23 — RECEIPTS (FDD pages 60–225)
What This Means (2025 FDD)
According to Pump It Up's 2025 Franchise Disclosure Document, the company considers its System Standards and trade dress to be confidential trade secrets. The System Standards encompass the distinctive plan for establishing, operating, and promoting a Pump It Up Business, including all related licensed methods of doing business. These standards provide specifications, best practices, operating procedures, and guidance on various aspects such as the franchised site, premises, leasehold improvements, interior design, equipment, products, formulas, supplies, marketing, and service delivery methods. Pump It Up also considers each detail of the appearance, layout, décor, cleanliness, safety standards, services, and operation of the franchised business to be protected trade dress.
Pump It Up asserts that it possesses valuable rights to these trade secrets, and franchisees acknowledge that they have no rights to the System Standards except for their use in operating the Pump It Up Business as outlined in the franchise agreement. Franchisees are obligated to maintain the confidentiality of these System Standards. The FDD specifies that all information pertaining to the System Standards constitutes Pump It Up's confidential trade secrets.
In addition to System Standards and trade dress, Pump It Up defines "Confidential Information" broadly to include any proprietary information created, discovered, or developed by them. This includes trade secrets, know-how, methodologies, system information, technical information, statistics, software, hardware, materials, plans, designs, schematics, reports, studies, notes, analyses, summaries, business, market and development plans, customer lists, financial information, artwork, and information regarding site selection, development, operation, and promotion of Pump It Up facilities. It also includes information contained in the manuals and information regarding the retail and commercial operations of Pump It Up and its affiliates. This information derives economic value from not being generally known and is subject to reasonable efforts to maintain its secrecy.