Can the Pump It Up franchisor update the Schedule to the Software License?
Pump_It_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisor hereby grants to Franchisee a nonexclusive, nonassignable license to use the computer programs, in object code form ("Software"), listed in the schedule to this Software License (the "Schedule").
The Schedule may be updated from time to time by Franchisor to include enhancements, upgrades or replacements ("Enhancements") to the Software, which Franchisor will make available to Franchisee from time to time at a reasonable cost.
Source: Item 23 — RECEIPTS (FDD pages 60–225)
What This Means (2025 FDD)
According to Pump It Up's 2025 Franchise Disclosure Document, the franchisor can update the Schedule to the Software License from time to time. The Schedule lists the computer programs that the franchisee is licensed to use.
The franchisor may update the schedule to include enhancements, upgrades, or replacements to the software. These enhancements will be made available to the franchisee at a reasonable cost. This means that while Pump It Up franchisees are required to use the updated software, they may incur additional expenses for these updates.
It is important for prospective Pump It Up franchisees to understand that the software license is nonexclusive and nonassignable. Franchisees are only permitted to use the software in the operation of their Pump It Up business at approved locations. Franchisees cannot modify, copy, translate, or reproduce the software without prior written consent from Pump It Up. This ensures that the franchisor maintains control over its proprietary software and protects its intellectual property.