Is the content of all versions of the Pump It Up Manuals considered confidential?
Pump_It_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
The Manuals and these other materials contain the System Standards, which include mandatory and suggested specifications, best practices, standards, operating procedures, and rules that we periodically prescribe for operating a Pump It Up Business, as well as information on your other obligations under the Franchise Agreement. Our Manuals and other materials also contain Confidential Information (as defined
below) consisting of the instructions, methods, and techniques used in the key management areas of Pump It Up Businesses including marketing and promotion, daily operations, personnel, and financial management. We may modify the Manuals periodically to reflect changes in System Standards. The contents of all versions of the Manuals are confidential, regardless of whether it is currently utilized by us, and constitute our trade secrets. You may not disclose the Manuals to any person other than employees or agents of the Franchised Business who need to know its contents. You may not at any time copy, duplicate, record, or otherwise reproduce any part of the Manuals without first obtaining our written consent to do so.
Source: Item 14 — PATENTS, COPYRIGHTS, AND PROPRIETARY INFORMATION (FDD pages 45–46)
What This Means (2025 FDD)
According to the 2025 Pump It Up FDD, the contents of all versions of the Pump It Up Manuals are considered confidential and constitute trade secrets, regardless of whether they are currently in use. This means that even if a manual is outdated or superseded by a newer version, its contents must still be protected and kept secret.
As a Pump It Up franchisee, you are explicitly prohibited from disclosing the manuals to anyone other than employees or agents of the franchised business who have a need to know the information. Furthermore, franchisees are not allowed to copy, duplicate, record, or reproduce any part of the manuals without obtaining prior written consent from Pump It Up. This restriction underscores the importance Pump It Up places on maintaining the secrecy and integrity of its operational guidelines and procedures.
The FDD also states that Pump It Up may modify the manuals periodically to reflect changes in System Standards. Franchisees are expected to implement all relevant updates and amendments to the manuals or System Standards as described in newsletters or any other notices distributed through any written means. Any form of the manuals made accessible to you, regardless of how they are provided (e.g., online or via email), will be deemed confidential information. This includes any password or other digital identification necessary to access the manuals electronically, which franchisees must keep secure.