Can the franchisee copy the Pump It Up Software?
Pump_It_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee shall use the Software only in the operation of the System at the location indicated above or other locations approved or designated in writing by Franchisor.
Franchisee may not modify, copy, translate or reproduce in any form all or any part of the Software without the prior written consent of Franchisor.
Such consent will be given solely to the extent required for use of the Software in the operation of the System.
Franchisee shall not make available the Software, the user and operating manuals thereto, or any copy thereof to any party except as described below in Paragraph 4.
Franchisee shall not reverse assemble, reverse compile or otherwise recreate the Software.
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 explicitly prohibited from copying the software used in their business operations. The agreement states that franchisees "may not modify, copy, translate or reproduce in any form all or any part of the Software without the prior written consent of Franchisor." This restriction is in place to protect Pump It Up's intellectual property and trade secrets. Any authorized copies of the software remain the exclusive property of the franchisor.
This restriction means that franchisees must rely on the software provided by Pump It Up and cannot independently alter or duplicate it. Obtaining written consent for any modification or reproduction is essential, and such consent will only be granted if it's required for the System's operation. Franchisees are also barred from reverse assembling or reverse compiling the software to recreate it. This ensures that the franchisee does not infringe on the franchisor's software rights.
The software contains trade secrets, and franchisees must treat it as confidential information. Access to the software should be limited to employees who need it for their job, and Pump It Up may require confidentiality agreements from these employees. Franchisees must also take precautions to protect the software's confidentiality, similar to how they protect their own confidential information. Unauthorized use or knowledge of the software must be immediately reported to Pump It Up. Violations of these terms can result in legal action, including injunctive relief, due to the irreparable harm it could cause to Pump It Up.