What is the limitation period for claims arising out of the Pump It Up franchise agreement?
Pump_It_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
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. PUMP IT UP HOLDINGS, LLC, FRANCHISEE an Arizona limited liability company
ADDENDUM TO PUMP IT UP FRANCHISE AGREEMENT
REQUIRED FOR WASHINGTON FRANCHISEES
Source: Item 23 — RECEIPTS (FDD pages 60–225)
What This Means (2025 FDD)
Based on the 2025 Pump It Up Franchise Disclosure Document, the standard franchise agreement does not specify a general limitation period for claims. However, there are specific stipulations for franchisees in New York and Washington. For New York franchisees, an addendum states that the New York Franchise Law governs any claim arising under that law. For Washington franchisees, the addendum states that the General Release does not apply to any claims arising under the Washington Franchise Investment Protection Act, RCW 19.100, and the rules adopted thereunder.
This means that the limitation period for claims could vary significantly depending on the franchisee's location and the specific laws of that state. Franchisees in New York and Washington have specific protections and legal frameworks that apply to their franchise agreements, potentially altering the standard terms.
Prospective Pump It Up franchisees should consult with a legal professional to understand the specific limitation periods and legal rights applicable in their state. This is particularly important for franchisees in New York and Washington, where state laws provide additional protections and may supersede certain provisions of the standard franchise agreement. Understanding these nuances is crucial for protecting their investment and legal interests.