Can a Pump It Up franchisee modify the 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 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 franchisor's intellectual property and maintain uniformity across all Pump It Up locations.
This restriction has significant implications for potential franchisees. It means that franchisees must use the software as it is provided and cannot customize it to suit their specific needs or preferences without express permission from Pump It Up. Furthermore, franchisees are also barred from reverse assembling, reverse compiling, or otherwise recreating the software, reinforcing the franchisor's control over its proprietary technology. Any modifications or improvements to the system conceived by the franchisee or their staff automatically become the property of Pump It Up.
The software, referred to as "Software" in the agreement, is licensed, not sold, to the franchisee, granting them a nonexclusive and nonassignable right to use it. Pump It Up retains ownership of all copies of the software, including any produced with the franchisor's consent. This arrangement ensures that Pump It Up maintains strict control over its software and can update or enhance it as needed without interference from individual franchisees.
Overall, these terms highlight the importance of adhering to Pump It Up's established systems and standards. While franchisees have some autonomy in local purchasing, the core technology and operational software remain under the franchisor's control to ensure brand consistency and protect proprietary information.