What must the Pump It Up franchisee obtain from employees who have access to the software?
Pump_It_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
At Franchisor's request, Franchisee shall require and obtain execution of covenants concerning the confidentiality of the Software from any persons employed by Franchisee who have access to the Software.
These covenants shall be in a form substantially similar to the confidentiality covenants contained in Section 18 of the Franchise Agreement.
Source: Item 23 — RECEIPTS (FDD pages 60–225)
What This Means (2025 FDD)
According to Pump It Up's 2025 Franchise Disclosure Document, franchisees must obtain confidentiality covenants from employees who have access to the Pump It Up software. These covenants are to protect the franchisor's trade secrets contained within the software. The agreement specifies that access to the software should only be granted to employees who require it for their job duties within the Pump It Up system.
The confidentiality agreements that Pump It Up franchisees must secure from their employees should be substantially similar to the confidentiality covenants outlined in Section 18 of the Franchise Agreement. This requirement ensures that all individuals with access to the software are legally bound to protect its confidentiality and prevent unauthorized use or disclosure.
In addition to obtaining these covenants, Pump It Up franchisees are expected to take reasonable precautions to protect the confidentiality of the software, no less rigorous than the measures they use to protect their own confidential information. This includes instructing employees about the proprietary nature and trade secrets contained within the software and its user manuals. Franchisees must also notify Pump It Up immediately if they become aware of any unauthorized knowledge, possession, or use of the software.