What law governs the Pump It Up franchise agreements?
Pump_It_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
sor. This provision supersedes any other term of any document executed with the franchise.
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- Minnesota Rules 2860.4400(G) prohibits a franchisor from imposing on a franchisee by contract or rule, whether written or oral, any standard of conduct that is unreasonable
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- Any capitalized term that is not defined in this Addendum shall have the meaning given it in the Franchise Agreement.
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- Except as expressly modified by this Addendum, the Franchise Agreement remains unmodified and in full force and effect.
IN WITNESS WHEREOF, the parties have executed and delivered this Agreement on the dates noted below, to be effective as of the Effective Date.
PUMP IT UP HOLDINGS, LLC, an Arizona limited liability company
ADDENDUM TO PUMP IT UP FRANCHISE AGREEMENT
REQUIRED FOR NEW YORK FRANCHISEES
("Franchise This Addendum to Pump It Up Franchise Agreement dated Agreement") between Pump It Up Holdings, LLC ("PIU") and ("You") is entered into simultaneously with the execution of the Franchise Agreement. 1. The provisions of this Addendum form an integral part of, and are incorporated into, the Franchise Agreement. This Addendum is being executed because: (A) the offer or sale of a franchise to you was made in the State of New York; (B) you are a resident of the State of New York; and/or (C) the Franchised Business will be located or operated in the State of New York. 2. Any provision in the Franchise Agreement that is inconsistent with the New York General Business Law, Article 33, Sections 680 - 695 may not be enforceable. 3. The following sentence is added to the end of Section 27.B.: Notwithstanding the foregoing, the New York Franchises Law shall govern any claim arising under that law. 4. The following sentence is added to the end of Section 27.H: Our right to obtain injunctive relief exists only after proper proofs are made and the appropriate authority has granted such relief. 5. Any capitalized term that is not defined in this Addendum shall have the meaning given it in the Franchise Agreement. 6. Except as expressly modified by this Addendum, the Franchise Agreement remains unmodified and in full force and effect. IN WITNESS WHEREOF, the parties have executed and delivered this Agreement on the dates noted below, to be effective as of the Effective Date.
Source: Item 23 — RECEIPTS (FDD pages 60–225)
What This Means (2025 FDD)
According to the 2025 Pump It Up FDD, the franchise agreements are generally governed by the laws of the state where the franchisee is located. However, specific addenda to the franchise agreement outline certain state laws that take precedence.
For franchisees in New York, any provision in the franchise agreement that is inconsistent with the New York General Business Law, Article 33, Sections 680 - 695 may not be enforceable. Furthermore, the New York Franchises Law governs any claim arising under that law.
For franchisees in Washington, in the event of a conflict of laws, the provisions of the Washington Franchise Investment Protection Act, Chapter 19.100 RCW will prevail. Additionally, certain sections of the franchise agreement do not apply in Washington, and the franchisee may terminate the agreement upon any grounds available by law.
For franchisees in Maryland, Section 14-226 of the Maryland Franchise Registration and Disclosure Law prohibits Pump It Up from requiring a prospective franchisee to assent to any release, estoppel, or waiver of liability as a condition of purchasing a franchise.