Is a Pump It Up franchisee allowed to develop their own website that mentions the brand?
Pump_It_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
You may not develop, maintain, or authorize any website that mentions or
describes you or the Franchised Business or displays any of the Marks without our prior express written consent. Your advertising, promotion, and marketing must be completely clear, factual, and not misleading, and conform to both the highest standards of ethical advertising and marketing and the advertising and marketing policies that we prescribe from time to time. You may not use direct advertising and marketing to customers located in the protected area of another Pump It Up Business franchisee. If you have a Protected Area, you may only use direct advertising and marketing or utilize applicable social media platforms directed at customers located within your Protected Area.
- (3) You may purchase local advertising and promotional materials from us or any source that is consistent with System Standards.
Periodically, we may provide to you samples of advertising, marketing, and promotional forms and materials at no cost.
If you purchase marketing materials from a source other than us or our affiliates, these materials must comply with federal and local laws and regulations and with the guidelines for advertising and promotion promulgated from time to time by us and otherwise be compliant with System Standards.
To the extent that we learn of any materials that are not compliant with the obligations set forth herein, we reserve the right to prohibit you from using such materials or language in any advertising and promotion.
- (4) Your advertising and promotional materials may not contain any statement or material which, in our sole discretion, may be considered: (a) in bad taste or offensive to the public or to any group of persons; (b) defamatory or an attack on any competitor; (c) to infringe upon the use, without permission, of any other trade name, trademark, service mark or identification; or (d) inconsistent with our public image or that of the System.
You acknowledge and agree that any and all copyright in and to advertising and promotional materials developed by you or on your behalf will be our sole property, and you must execute such documents (and, if necessary, require your independent contractors to execute such documents) as may be deemed reasonably necessary by us to give effect to this provision.
Source: Item 23 — RECEIPTS (FDD pages 60–225)
What This Means (2025 FDD)
According to Pump It Up's 2025 Franchise Disclosure Document, franchisees are restricted from independently creating websites that mention the Pump It Up brand or their franchised business without obtaining prior written consent from the franchisor. This requirement ensures that all online representations of the brand align with Pump It Up's standards and public image. Franchisees' advertising and marketing efforts must be clear, factual, ethical, and compliant with the franchisor's prescribed policies. This includes advertising on social media platforms. Franchisees must also adhere to guidelines regarding advertising materials, ensuring they are not in bad taste, offensive, defamatory, or inconsistent with the brand's image.
Pump It Up retains control over the brand's online presence and marketing strategies, which is typical in franchising. The franchisor may provide franchisees with sample advertising and promotional materials. If franchisees choose to purchase marketing materials from other sources, these materials must comply with all applicable laws and the franchisor's guidelines. Pump It Up reserves the right to prohibit the use of any materials that do not meet these standards.
Furthermore, any copyrights in advertising and promotional materials developed by the franchisee or on their behalf become the sole property of Pump It Up. This means franchisees must ensure that any independent contractors they hire to create advertising materials also agree to these terms. This policy allows Pump It Up to maintain uniformity and protect its brand identity across all franchise locations, ensuring a consistent message and image are presented to the public. This level of control is common in franchise systems to maintain brand consistency and quality.