What constitutes abandonment of the Pump It Up franchised business that would trigger a default?

According to Pump It Up's 2025 Franchise Disclosure Document, a franchisee will be considered in default if they abandon or fail to actively operate the franchised business for three or more consecutive days. This abandonment can trigger certain rights and remedies for Pump It Up. However, this abandonment does not apply if the franchisee closes the business for a purpose that Pump It Up approves in writing or due to Force Majeure, as defined in Section 25.C. of the agreement.

This clause is important for prospective franchisees as it sets a clear expectation for continuous operation. Failing to maintain active operation, even for a short period, can lead to default and potential loss of the franchise. The exceptions for approved closures or Force Majeure events provide some flexibility, but franchisees must ensure they obtain written approval for any planned closures to avoid default.

Most franchise agreements include similar clauses to ensure brand consistency and customer service. The specific time frame for abandonment (three days in this case) can vary among different franchises. Franchisees should carefully note these requirements and maintain open communication with Pump It Up regarding any potential operational disruptions.

It is important for a potential Pump It Up franchisee to understand the definition of "Force Majeure" as referenced in Section 25.C. to fully understand the exceptions to this rule. Additionally, a franchisee should clarify with Pump It Up what types of closures would be pre-approved to avoid any potential issues.