Can the franchisee modify 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.
All copies of the Software, including any produced by Franchisee with Franchisor's consent, are and shall be the sole and exclusive property of Franchisor or authorized third parties during and after the term of this Software License.
Franchisee acknowledges and agrees that Franchisor may secure all or any part of the Software from third parties.
Franchisee agrees to execute and deliver to Franchisor any further contracts, agreements or other documents reasonably required by Franchisor in order to secure its compliance with any agreement with such other parties.
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 Pump It Up's 2025 Franchise Disclosure Document, franchisees are explicitly restricted from modifying 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 the integrity and uniformity of the Pump It Up system across all franchise locations.
This means that franchisees must use the software as it is provided by the franchisor and cannot make any alterations to the code, functionality, or appearance without express permission. This control ensures that the software operates consistently across all Pump It Up locations, maintaining brand standards and preventing potential issues that could arise from unauthorized modifications. The franchisor may, from time to time, provide enhancements, upgrades, or replacements to the software, which they will make available to franchisees at a reasonable cost.
Furthermore, franchisees are prohibited from reverse assembling, reverse compiling, or otherwise recreating the software. This provision is crucial for protecting Pump It Up's trade secrets and intellectual property. The software contains proprietary information that is essential to the brand's competitive advantage, and franchisees are obligated to maintain its confidentiality. Any copies of the software, even those produced with the franchisor's consent, remain the sole and exclusive property of Pump It Up or authorized third parties, both during and after the term of the Software License.