To whom can the Pump It Up franchisee make the software available?
Pump_It_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
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 understands and acknowledges that the Software contains Franchisor's trade secrets and agrees, during the term of this Software License and thereafter, not to communicate, divulge or use the Software other than in the operation of the System by Franchisee and its employees.
Source: Item 23 — RECEIPTS (FDD pages 60–225)
What This Means (2025 FDD)
According to the 2025 Pump It Up Franchise Disclosure Document, a franchisee is very limited in who they can provide the software to. The franchisee cannot make the software, user manuals, operating manuals, or any copies available to any party, except as described in paragraph 4 of Item 23. However, the document does not specify who is described in paragraph 4.
Pump It Up franchisees must understand that the software contains trade secrets and they agree not to communicate, divulge, or use the software other than in the operation of the System by the franchisee and its employees. This restriction applies both during the term of the Software License and afterward.
Given the restrictions, it is important for a prospective Pump It Up franchisee to seek clarification from the franchisor regarding the specifics of paragraph 4 to fully understand to whom the software can be made available. This will ensure compliance with the Software License Agreement and avoid any potential breaches or disputes.