Can Pump It Up franchisees purchase local advertising and promotional materials from sources other than Pump It Up?
Pump_It_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
You may purchase local advertising and promotional materials from us or any source that is consistent with System Standards.
If you purchase marketing materials from a source other than us or our affiliates, these materials must comply with federal and local laws and regulations and with the guidelines for advertising and promotion promulgated from time to time by us and otherwise be compliant with System Standards.
To the extent that we learn of any materials that are not compliant with the obligations set forth herein, we reserve the right to prohibit you from using such materials or language in any advertising and promotion.
- (4) Your advertising and promotional materials may not contain any statement or material which, in our sole discretion, may be considered: (a) in bad taste or offensive to the public or to any group of persons; (b) defamatory or an attack on any competitor; (c) to infringe upon the use, without permission, of any other trade name, trademark, service mark or identification; or (d) inconsistent with our public image or that of the System.
You acknowledge and agree that any and all copyright in and to advertising and promotional materials developed by you or on your behalf will be our sole property, and you must execute such documents (and, if necessary, require your independent contractors to execute such documents) as may be deemed reasonably necessary by us to give effect to this provision.
Source: Item 23 — RECEIPTS (FDD pages 60–225)
What This Means (2025 FDD)
According to Pump It Up's 2025 Franchise Disclosure Document, franchisees have the option to purchase local advertising and promotional materials either from Pump It Up itself or from other sources, provided these sources align with the System Standards. This flexibility allows franchisees to explore potentially more cost-effective or tailored advertising solutions while maintaining brand consistency. However, Pump It Up retains the right to ensure that all advertising and promotional materials, regardless of the source, comply with federal and local laws, regulations, and the franchisor's guidelines. This ensures that all marketing efforts are ethical, factual, and not misleading.
Pump It Up maintains control over the brand's image by reserving the right to prohibit the use of any materials that they deem inappropriate or inconsistent with the System's public image. This includes materials considered to be in bad taste, offensive, defamatory, or infringing on other trademarks. Furthermore, any copyright in advertising and promotional materials developed by the franchisee or on their behalf becomes the sole property of Pump It Up, requiring the franchisee to execute documents to that effect.
This requirement underscores the importance of adhering to Pump It Up's System Standards and obtaining approval for all advertising materials. While franchisees have some autonomy in choosing advertising sources, Pump It Up ultimately has the final say in ensuring brand consistency and compliance. Prospective franchisees should carefully review the System Standards and advertising guidelines outlined in the manuals to fully understand these requirements and avoid potential conflicts.