What is the dependency for the Additional Disclosures to have force or effect for a Pump It Up franchise?
Pump_It_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
Source: Item 23 — RECEIPTS (FDD pages 60–225)
What This Means (2025 FDD)
According to the 2025 Pump It Up Franchise Disclosure Document, the Additional Disclosures are required by certain states and function as addenda to the standard franchise agreement. These disclosures become effective when the parties involved (Pump It Up and the franchisee) execute and deliver the agreement, with the effective date being the date specified in the agreement. This indicates that the Additional Disclosures are not stand-alone documents but rather modifications or additions to the main franchise agreement that are triggered by specific state laws or regulations.
For instance, the addendum for New York franchisees states that its provisions form an integral part of, and are incorporated into, the Franchise Agreement. This addendum is executed because the franchise is offered or sold in New York, the franchisee is a New York resident, or the franchised business will be located or operated in New York. Similarly, for Washington franchisees, there is an addendum to the General Release which stipulates that it does not apply to any claims arising under the Washington Franchise Investment Protection Act. For Maryland franchisees, the addendum ensures compliance with the Maryland Franchise Registration and Disclosure Law.
In practical terms, this means that a prospective Pump It Up franchisee needs to carefully review the addendum specific to their state of residence or the state where they plan to operate the franchise. These addenda modify the standard franchise agreement to comply with local laws, and understanding these modifications is crucial. The franchisee should pay close attention to how these addenda alter their rights and obligations under the franchise agreement, as these changes can significantly impact their business operations and legal recourse.