In disputes with Pump It Up, where must a franchisee file suit against the franchisor?
Pump_It_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
You and we agree that, to the extent any disputes cannot be resolved directly between us, you will file any suit against us only in the federal or state court having jurisdiction where our principal offices are located at the time the suit is filed.
As of the date of this Agreement, those courts are the Superior Court of Arizona, Maricopa County and the United States District Court for the District of Arizona in Phoenix, Arizona.
We may file suit in the federal or state court located in the jurisdiction where our principal offices are located at the time suit is filed or in the jurisdiction where you reside or do business, where the Franchised Business is or was located, or where the claim arose.
You consent to the personal jurisdiction of those courts over you and to venue in those courts.
Source: Item 23 — RECEIPTS (FDD pages 60–225)
What This Means (2025 FDD)
According to the 2025 Pump It Up Franchise Disclosure Document, franchisees must generally file any lawsuit against Pump It Up in the federal or state court that has jurisdiction where Pump It Up's principal offices are located at the time the suit is filed. As of the date of the Franchise Agreement, these courts are the Superior Court of Arizona, Maricopa County, and the United States District Court for the District of Arizona in Phoenix, Arizona.
Pump It Up, however, can file suit against a franchisee in the federal or state court located in the jurisdiction where Pump It Up's principal offices are located at the time the suit is filed. Pump It Up can also file suit in the jurisdiction where the franchisee resides or does business, where the franchised business is or was located, or where the claim arose. The franchisee consents to the personal jurisdiction of those courts.
For prospective Pump It Up franchisees, this means that they may have to travel to Arizona to resolve legal disputes with the company. This could increase legal costs due to travel, lodging, and potentially hiring Arizona-based attorneys. Franchisees should consider this potential expense and inconvenience when evaluating the franchise opportunity.