What is the landlord required to provide to Pump It Up regarding the lease and premises?
Pump_It_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
- (b) The landlord consents to your use of the proprietary signs and the Marks prescribed by us, and upon the expiration or earlier termination of the Lease, consents to permit you, at your sole expense, to remove all such items, so long as you make repairs to the Premises caused by such removal.
- (c) The landlord agrees to provide us (at the same time sent to you) a copy of all amendments, assignments and notices of default pertaining to the Lease and the Premises.
- (d) We reserve the right to enter the Premises to make any modifications or alterations necessary to protect the System and the Marks, to cure, within the time periods provided by the Lease, any default under the Lease, all without being guilty of trespass or other tort, and to charge you for any costs relating to any action under this Section.
- (e) The landlord agrees that you will be solely responsible for all obligations, debts and payments under the Lease. We do not agree to, and will not agree to, be a guarantor for any Lease.
Source: Item 23 — RECEIPTS (FDD pages 60–225)
What This Means (2025 FDD)
According to Pump It Up's 2025 Franchise Disclosure Document, if a franchisee proposes to lease or sublease the premises for their Pump It Up business, the landlord has specific obligations to Pump It Up. The landlord must provide Pump It Up with a copy of all amendments, assignments, and notices of default pertaining to the lease and the premises at the same time they are sent to the franchisee. This ensures that Pump It Up is kept informed of any changes or issues related to the lease agreement.
Additionally, the landlord must consent to the franchisee's use of proprietary signs and marks prescribed by Pump It Up. Upon the expiration or earlier termination of the lease, the landlord must allow the franchisee to remove these items at the franchisee's expense, provided that the franchisee repairs any damage caused by the removal. This provision protects Pump It Up's branding and ensures that the premises can be restored if the franchise agreement ends.
Furthermore, the landlord must agree not to amend or modify the lease in any way that would affect these requirements without Pump It Up's prior written consent, which will not be unreasonably withheld. The landlord must also consent to the franchisee collaterally assigning the lease to Pump It Up or its designee, granting Pump It Up the option to assume the lease from the date they take possession of the premises, without any assignment fee or increase in rentals. These stipulations give Pump It Up significant control over the lease and premises, safeguarding their interests and the integrity of the Pump It Up brand.