As a Pump It Up franchisee, am I required to maintain the Manuals as secret and confidential?
Pump_It_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
- B. We reserve the right to make the Manuals accessible to you solely via computer systems or in any other electronic format. The Manuals may be modified, updated and revised from time to time to reflect changes in System Standards. You shall implement all relevant updates and amendments to the Manuals or System Standards as described in newsletters or notices we distribute, including via computer systems. You must maintain the Manuals as secret and confidential and maintain the information in the Manuals as secret and confidential. Any form of the Manuals we make accessible to you online will be deemed our Confidential Information (defined in Section 18.A. below).
- C. Any password or other digital identification necessary to access the Manuals electronically are our Confidential Information. You agree to keep your access to the Manuals secured. In the event of a dispute relating to the contents of the Manuals, the master copy of the Manuals we maintain at our principal office will be controlling. This master copy of the Manuals may be maintained in electronic form. You may not at any time copy, duplicate, record or otherwise reproduce any part of the Manuals without our express written authorization.
Source: Item 23 — RECEIPTS (FDD pages 60–225)
What This Means (2025 FDD)
According to the 2025 Pump It Up Franchise Disclosure Document, franchisees are required to maintain the Pump It Up Manuals as secret and confidential. The Manuals may be modified, updated, and revised to reflect changes in System Standards, and franchisees must implement all relevant updates and amendments described in newsletters or notices. Any form of the Manuals made accessible online is considered Confidential Information.
Franchisees must keep their access to the Manuals secured, and any password or digital identification necessary to access the Manuals electronically is also Confidential Information. In case of a dispute about the contents of the Manuals, the master copy maintained by Pump It Up will be controlling. Franchisees are prohibited from copying, duplicating, recording, or reproducing any part of the Manuals without express written authorization from Pump It Up.
Furthermore, Pump It Up franchisees must also ensure that their employees sign a non-disclosure and confidentiality agreement before they are hired. Franchisees must exercise reasonable precautions to protect the confidentiality of the software and user manuals, no less rigorous than those used to protect their own confidential information. This includes instructing employees about the proprietary nature and trade secrets contained within these materials. Franchisees must notify Pump It Up immediately of any unauthorized knowledge, possession, or use of the software or any part thereof.