What is the Pump It Up franchisee's responsibility regarding adherence to System Standards?
Pump_It_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
You agree to cooperate with us by operating and maintaining the Franchised Business safely and securely and according to all of our System Standards (whether contained in the Manuals or another written communication to you), as we periodically modify and supplement them.
You agree that the System Standards we prescribe in the Manuals or otherwise communicate to you in writing or another form, are part of this Agreement as if fully set forth within its text.
- (3) We may modify the System (including System Standards) from time to time and these modifications may obligate you to invest additional capital in the Franchised Business and/or incur higher operating costs.
We may require you to integrate new or updated rides, inflatables, games, or concessions into your Franchised Business.
You agree to accept, integrate and use or display in the Franchised Business any such changes or modifications to the System as if they were a part of the System at the time this Agreement was executed, and you agree to make such expenditures as the changes or modifications to the System may require.
This includes, but is not limited to, refurbishing or remodeling the Premises or any other aspect of the Franchised Business, hiring additional personnel, buying new equipment, adding new services and products, or otherwise modifying the nature of your operations, as if those changes or modifications were part of the System as of the Effective Date.
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 operate their business according to the System Standards, which are crucial for maintaining brand consistency and goodwill. These standards cover various aspects of the business, including the franchised site, premises, interior design, equipment, products, marketing, and service delivery methods. Pump It Up franchisees acknowledge that these System Standards are confidential trade secrets and agree to use them only as permitted by the Franchise Agreement.
Pump It Up franchisees must ensure that every detail of their business's appearance, layout, cleanliness, safety standards, services, and overall operation aligns with Pump It Up's standards. These details are considered protected trade dress, highlighting their importance to the brand. Franchisees agree to operate and maintain their franchised business safely and securely, following all System Standards outlined in the manuals or other written communications, as these standards may be periodically updated.
Pump It Up may modify the System Standards, potentially requiring franchisees to invest additional capital or incur higher operating costs. Franchisees are obligated to integrate any changes or modifications to the system, including new rides, inflatables, games, or concessions, as if they were part of the system from the beginning. This may involve refurbishing the premises, hiring additional personnel, buying new equipment, or adding new services and products. The franchisee's Operating Principal (or Multi-Unit Manager) must actively oversee the business to ensure compliance with System Standards, as communicated in manuals or other written or oral communications.