Does the Pump It Up FDD include a Software License Agreement as an exhibit?
Pump_It_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
Exhibit F Software License Agreement Pump It Up Franchise Disclosure Document
SOFTWARE LICENSE AGREEMENT
| This Software License Agreement ("Software License") is entered into between PUMP IT UP | |
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| HOLDINGS, LLC ("Franchisor") and ("Franchisee") pursuant to a Franchise |
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- This software license shall be governed by and construed under the laws of Arizona without regard to the choice of law or conflict of laws principles thereof.
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- If any term herein is declared to be void or unenforceable by a court of competent jurisdiction, such declaration shall have no effect on the other terms of this Software License, which will remain in effect and fully enforceable.
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- Franchisee agrees to pay any sales, use, ad valorem, personal property and general intangibles tax and any registration fees arising out of this Software License and the transactions contemplated herein, except for any taxes imposed upon the gross income of Franchisor.
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- In the event the operation of the Software requires a connection to a remote computer designated or approved by Franchisor, Franchisee shall be responsible for all telecommunication expenses in connection therewith.
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- Franchisee may not cause or effectuate a transfer any of its rights under this Software License without the prior written consent of Franchisor.
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- Notice under this Software License shall be provided as indicated in the Franchise Agreement.
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- The terms of this Software License are incorporated into the Franchise Agreement by reference. This Software License and related provisions of the Franchise Agreement constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all related prior and contemporaneous agreements between the parties relating to any use of the Software.
[SIGNATURES ON FOLLOWING PAGE]
on the day of, 2025. IN WITNESS WHEREOF, the parties have duly executed and delivered this Software License PUMP IT UP HOLDINGS, LLC, an Arizona limited liability company
SCHEDULE TO SOFTWARE LICENSE AGREEMENT
SOFTWARE
Party Operational Services ("POps") v. 1
Source: Item 22 — CONTRACTS (FDD page 59)
What This Means (2025 FDD)
Yes, according to Pump It Up's 2025 Franchise Disclosure Document, Exhibit F is the Software License Agreement. This agreement outlines the terms and conditions under which a franchisee can use the software provided by Pump It Up.
The Software License Agreement specifies that it is governed by Arizona laws, regardless of conflict of laws principles. Franchisees are responsible for taxes and registration fees associated with the license, excluding taxes on the franchisor's gross income. Additionally, franchisees must cover telecommunication expenses if the software requires connection to a remote computer designated by Pump It Up.
The agreement also restricts franchisees from transferring their rights without prior written consent from Pump It Up. The terms of the Software License are incorporated into the Franchise Agreement, forming the complete agreement between the parties regarding the software's use. The software covered by this agreement is identified as Party Operational Services ("POps") v. 1.