factual

What happens if a Pump It Up franchisee loses the right to occupy the premises?

Pump_It_Up Franchise · 2025 FDD

Answer from 2025 FDD Document

Franchisor will not take possession of the Pump It Up Business until and unless Franchisee defaults, and/or receives notice of default (and/or until there is a termination, cancellation or rescission of Franchisee's rights) under the Lease, any sublease, any other document or instrument, or otherwise. In such event, Franchisor (or its designee) shall have the right (but not the obligation) to take possession of the Pump It Up Business, expel Franchisee from the Pump It Up Business, and, in such event, Franchisee shall have no further right, title or interest in or under the Lease or to the Pump It Up Business, all such rights thereby passing to Franchisor or its designee, in each case without Landlord's further consent. Franchisee agrees to do all acts necessary or appropriate to accomplish such assignment on Franchisor's request.

Franchisee agrees that it will not suffer or permit any surrender, termination, amendment or modification of the Lease without the prior written consent of Franchisor. Throughout the term of the Franchise Agreement, Franchisee agrees that it shall elect and exercise all options to extend the term of, or renew or assume in bankruptcy, the Lease not less than 30 days prior to the last day that any option must be exercised, unless Franchisor otherwise agrees in writing. If Franchisee fails to extend, renew, or assume the Lease, Franchisee hereby appoints Franchisor as its true and lawful attorney in fact to exercise such options for the sole purpose of effecting any extension, renewal or assumption, in each case for the account of Franchisee and without any liability or obligation of Franchisor.

Source: Item 23 — RECEIPTS (FDD pages 60–225)

What This Means (2025 FDD)

According to the 2025 Pump It Up Franchise Disclosure Document, if a franchisee defaults or receives notice of default under their lease, sublease, or any other relevant document, Pump It Up has the right, but not the obligation, to take possession of the Pump It Up Business. In such an event, the franchisee will be expelled from the business and will lose all rights, title, and interest in the lease and the business itself, with those rights passing to Pump It Up or its designee. This transfer can occur without the landlord's further consent, and the franchisee is obligated to assist in the assignment of the lease to Pump It Up if requested.

Pump It Up also requires franchisees to maintain control of their lease throughout the term of the Franchise Agreement. Franchisees must elect and exercise all options to extend the term of, renew, or assume the lease in bankruptcy at least 30 days before any option expires, unless Pump It Up agrees otherwise in writing. If a franchisee fails to do so, they appoint Pump It Up as their attorney to exercise such options on their behalf, without any liability or obligation on Pump It Up's part.

This arrangement protects Pump It Up's interests by ensuring continued operation of the franchise location, even if the franchisee faces lease-related difficulties. It also places a significant responsibility on the franchisee to manage their lease proactively and to obtain Pump It Up's consent before making any changes to the lease agreement. The franchisee bears the risk of losing their business and investment if they fail to comply with these lease obligations.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.