Can the Pump It Up franchisee remove or alter any proprietary designations on the software?
Pump_It_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee shall not remove or alter any designations that Franchisor or such third parties have included in the Software and the user and operating manuals thereto that indicate such material is the proprietary property of Franchisor or such third parties.
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 prohibited from removing or altering any proprietary designations included in the software or its user manuals. These designations indicate that the material is the proprietary property of Pump It Up or its authorized third parties. This restriction is in place to protect Pump It Up's intellectual property and trade secrets.
This requirement means that franchisees must maintain the integrity of the software's branding and copyright notices. Any attempt to remove or alter these designations would be a breach of the Software License Agreement. Pump It Up takes the protection of its software seriously, as indicated by the inclusion of trade secret protection and confidentiality clauses in the agreement.
Pump It Up also requires franchisees to exercise reasonable precautions to protect the confidentiality of the software, no less rigorous than those used to protect their own confidential information. This includes instructing employees about the proprietary nature of the software and its user manuals. Franchisees are also obligated to notify Pump It Up immediately if they become aware of any unauthorized knowledge, possession, or use of the software.
Given the legal and financial repercussions of violating these terms, prospective Pump It Up franchisees should carefully review the Software License Agreement and ensure they fully understand their obligations regarding the use and protection of the software. Failure to comply with these requirements could result in legal action and potential termination of the franchise agreement.