factual

Is a felony conviction a curable or non-curable default for a Pump It Up franchisee?

Pump_It_Up Franchise · 2025 FDD

Answer from 2025 FDD Document

[Item 23: RECEIPTS]

  1. The following is added at the end of Item 3:

Except as provided above, the following applies to the franchisor, its predecessor, a person identified in Item 2, or an affiliate offering franchises under the franchisor's principal trademark:

  • a) No such party has an administrative, criminal or civil action pending against that person alleging: a felony, a violation of a franchise, antitrust, or securities law, fraud, embezzlement, fraudulent conversion, misappropriation of property, unfair or deceptive practices, or comparable civil or misdemeanor allegations.
  • b) No such party has pending actions, other than routine litigation incidental to the business, which are significant in the context of the number of franchisees and the size, nature or financial condition of the franchise system or its business operations.
  • c) No such party has been convicted of a felony or pleaded nolo contendere to a felony charge or, within the 10 year period immediately preceding the application for registration, has been convicted of or pleaded nolo contendere to a misdemeanor charge or has been the subject of a civil action alleging: violation of a franchise, antifraud, or securities law; fraud; embezzlement; fraudulent conversion or misappropriation of property; or unfair or deceptive practices or comparable allegations.
  • d) No such party is subject to a currently effective injunctive or restrictive order or decree relating to the franchise, or under a Federal, State, or Canadian franchise, securities, antitrust, trade regulation or trade practice law, resulting from a concluded or pending action or proceeding brought by a public agency; or is subject to any currently effective order of any national securities association or national securities exchange, as defined in the Securities and Exchange Act of 1934, suspending or expelling such person from membership in such association or exchange; or is subject to a currently effective injunctive or restrictive order relating to any other business activity as a result of an action brought by a public agency or department, including, without limitation, actions affecting a license as a real estate broker or sales agent.
    1. The following is added to the end of the "Summary" sections of Item 17(c), titled "Requirements for franchisee to renew or extend," and Item 17(m), entitled "Conditions for franchisor approval of transfer":

Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 47–50)

What This Means (2025 FDD)

The 2025 Pump It Up Franchise Disclosure Document (FDD) does not explicitly state whether a felony conviction is a curable or non-curable default for a franchisee. However, Item 23 includes information regarding administrative, criminal, and civil actions against the franchisor, its predecessors, affiliates, and individuals identified in Item 2. Specifically, it states that no such party has been convicted of a felony or pleaded nolo contendere to a felony charge. This suggests that a felony conviction could potentially be a significant issue that might affect the franchise agreement.

While the FDD does not directly address the curability of a felony conviction as a default, the presence of this information in Item 23 implies that Pump It Up considers such convictions relevant to the suitability of individuals involved with the franchise. The FDD outlines various conditions under which the Franchise Agreement can be terminated, and a felony conviction could potentially fall under these conditions, depending on the specific circumstances and the terms of the agreement.

To fully understand the implications of a felony conviction for a Pump It Up franchisee, prospective franchisees should carefully review the entire Franchise Agreement, including the sections on termination and default. It would be prudent to seek clarification from Pump It Up regarding their specific policies on this matter and to understand whether such a default would be curable or lead to immediate termination. Consulting with a franchise attorney is also recommended to assess the potential risks and legal ramifications.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.