As of the date of this Pump It Up FDD, what is the status of the New York addendum?
Pump_It_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
ADDENDUM TO PUMP IT UP FRANCHISE AGREEMENT
REQUIRED FOR NEW YORK FRANCHISEES
("Franchise This Addendum to Pump It Up Franchise Agreement dated Agreement") between Pump It Up Holdings, LLC ("PIU") and ("You") is entered into simultaneously with the execution of the Franchise Agreement. 1. The provisions of this Addendum form an integral part of, and are incorporated into, the Franchise Agreement. This Addendum is being executed because: (A) the offer or sale of a franchise to you was made in the State of New York; (B) you are a resident of the State of New York; and/or (C) the Franchised Business will be located or operated in the State of New York. 2. Any provision in the Franchise Agreement that is inconsistent with the New York General Business Law, Article 33, Sections 680 - 695 may not be enforceable. 3. The following sentence is added to the end of Section 27.B.: Notwithstanding the foregoing, the New York Franchises Law shall govern any claim arising under that law. 4. The following sentence is added to the end of Section 27.H: Our right to obtain injunctive relief exists only after proper proofs are made and the appropriate authority has granted such relief. 5. Any capitalized term that is not defined in this Addendum shall have the meaning given it in the Franchise Agreement. 6. Except as expressly modified by this Addendum, the Franchise Agreement remains unmodified and in full force and effect. IN WITNESS WHEREOF, the parties have executed and delivered this Agreement on the dates noted below, to be effective as of the Effective Date. PUMP IT UP HOLDINGS, LLC, FRANCHISEE an Arizona limited liability company
Source: Item 23 — RECEIPTS (FDD pages 60–225)
What This Means (2025 FDD)
According to the 2025 Pump It Up Franchise Disclosure Document, New York is one of the states that requires registration or filing of a franchise. For New York franchisees, Pump It Up requires an addendum to the standard franchise agreement. This addendum is necessary if the franchise offer or sale was made in New York, if the franchisee is a New York resident, or if the franchised business will be located or operated in New York.
The New York addendum modifies certain provisions of the standard Pump It Up franchise agreement to ensure compliance with New York General Business Law, Article 33, Sections 680-695. Specifically, any clause in the franchise agreement that conflicts with these New York laws may not be enforceable. The addendum also clarifies that the New York Franchise Law governs any claims arising under that law and specifies that Pump It Up's right to obtain injunctive relief is contingent upon proper proofs and approval from the appropriate authority.
In essence, the New York addendum ensures that the Pump It Up franchise agreement adheres to New York state laws, providing additional protection and clarity for franchisees operating in New York. Prospective franchisees in New York should carefully review this addendum alongside the standard franchise agreement to understand their rights and obligations under New York law.