What does Exhibit 5 of the Pump It Up Franchise Agreement cover?
Pump_It_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
[Item 23: RECEIPTS]
EXHIBIT 5 TO THE PUMP IT UP FRANCHISE AGREEMENT
GUARANTY AND ASSUMPTION OF OBLIGATIONS
Source: Item 23 — RECEIPTS (FDD pages 60–225)
What This Means (2025 FDD)
According to the 2025 Pump It Up Franchise Disclosure Document, Exhibit 5 to the Pump It Up Franchise Agreement contains the Guaranty and Assumption of Obligations.
This exhibit is relevant if the franchisee is a corporation, limited liability company, or partnership (referred to as an "Entity"). In such cases, each person owning 5% interest in the entity, along with their spouse, must execute a guaranty agreement, as outlined in Exhibit 5. This agreement ensures they are bound by the provisions of the Franchise Agreement.
For individuals, groups of individuals, or partnerships comprised solely of individuals, each individual must sign the Franchise Agreement and will be jointly and severally bound by its provisions. This means each individual is personally liable for the performance and any breach of the agreement. Even if ownership is transferred, each individual remains liable.
Pump It Up requires these measures to ensure that the obligations under the Franchise Agreement are fully met, regardless of whether the franchisee is an individual or an entity. This protects Pump It Up by ensuring there are individuals who are ultimately responsible for upholding the terms of the agreement.