As of the date of this Pump It Up FDD, what is the status of the Washington addendum?
Pump_It_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
uestionnaire, or acknowledgment signed or agreed to by a franchisee in connection with the commencement of the franchise relationship shall have the effect of (i) waiving any claims under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on any statement made by any franchisor, franchise seller, or other person acting on behalf of the franchisor. This provision supersedes any other term of any document executed in connection with the franchise.
[Signatures on Following Page]
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, an Arizona limited liability company
ADDENDUM TO PUMP IT UP GENERAL RELEASE
REQUIRED FOR WASHINGTON FRANCHISEES
This Addendum to Pump It Up General Release dated ("General Release") by ("Guarantors") is entered into simultaneously with the execution of the General Release. ("Franchisee") and 1. The General Release is amended to include the following Section 9: 9. Applicability of General Release. This Release shall not apply to any claims arising under the Washington Franchise Investment Protection Act, RCW 19.100, and the rules adopted thereunder. 2. Any capitalized term that is not defined in this Addendum shall have the meaning given it in the General Release. 3. Except as expressly modified by this Addendum, the General Release remains unmodified and in full force and effect. IN WITNESS WHEREOF, Franchisee and Guarantors have executed and delivered this Addendum to General Release. (IF APPLICANT IS AN ENTITY) (IF APPLICANT IS AN INDIVIDUAL) GUARANTOR: Its: Date: GUARANTOR:
ADDENDUM TO PUMP IT UP FRANCHISE AGREEMENT
REQUIRED FOR WISCONSIN FRANCHISEES
("Franchise Agreement") between Pump This Addendum to Pump It Up Franchise Agreement dated It Up Holdings, LLC ("You") is entered into simultaneously with the execution of the ("PIU") and Franchise Agreement. 1. The following paragraph is added to Sections 4.C and 19: Chapter 135. The conditions under which this Agreement can be terminated or not renewed may be affected by the Wisconsin Fair Dealership Law, Wisconsin Statutes 1981-82, Title XIV-A, 2. Franchise Agreement. Any capitalized term that is not defined in this Addendum shall have the meaning given it in the 3. and in full force and effect. below, to be effective as of the Effective Date PUMP IT UP HOLDINGS, LLC, 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 FDD, there is an addendum to both the Pump It Up Franchise Agreement and the Pump It Up General Release that are required for Washington franchisees.
The addendum to the Pump It Up General Release specifies that the release does not apply to claims arising under the Washington Franchise Investment Protection Act, RCW 19.100, and its rules. It also states that any undefined capitalized terms in the addendum will have the same meaning as in the General Release, and that the General Release remains unmodified except as expressly changed by the addendum.
The addendum to the Pump It Up Franchise Agreement includes stipulations that any provisions in the franchise agreement conflicting with limitations in Washington are void and unenforceable. It also states that RCW 49.62.060 prohibits Pump It Up from restricting a franchisee from soliciting or hiring employees of another franchisee or Pump It Up employees, and that any conflicting provisions are void and unenforceable in Washington. Furthermore, it clarifies that no statement signed by a franchisee can waive claims under state franchise law or disclaim reliance on statements made by Pump It Up.