Will Pump It Up make Enhancements to the Software available to the franchisee?
Pump_It_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
[Item 23: RECEIPTS]
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.
In consideration for the rights granted herein, Franchisee shall pay to Franchisor a fee equal to one dollar ($1.00) upon execution hereof.
Franchisee shall use the Software only in the operation of the System at the location indicated above or other locations approved or designated in writing by Franchisor.
Franchisee may not modify, copy, translate or reproduce in any form all or any part of the Software without the prior written consent of Franchisor.
Such consent will be given solely to the extent required for use of the Software in the operation of the System.
Franchisee shall not make available the Software, the user and operating manuals thereto, or any copy thereof to any party except as described below in Paragraph 4.
Franchisee shall not reverse assemble, reverse compile or otherwise recreate the Software.
All copies of the Software, including any produced by Franchisee with Franchisor's consent, are and shall be the sole and exclusive property of Franchisor or authorized third parties during and after the term of this Software License.
Franchisee acknowledges and agrees that Franchisor may secure all or any part of the Software from third parties.
Franchisee agrees to execute and deliver to Franchisor any further contracts, agreements or other documents reasonably required by Franchisor in order to secure its compliance with any agreement with such other parties.
Franchisee understands and acknowledges that the Software contains Franchisor's trade secrets and agrees, during the term of this Software License and thereafter, not to communicate, divulge or use the Software other than in the operation of the System by Franchisee and its employees.
Source: Item 23 — RECEIPTS (FDD pages 60–225)
What This Means (2025 FDD)
According to Pump It Up's 2025 Franchise Disclosure Document, Pump It Up grants franchisees a nonexclusive, nonassignable license to use specified computer programs, referred to as "Software". This software is detailed in a schedule that Pump It Up may update periodically. These updates can include enhancements, upgrades, or replacements, collectively known as "Enhancements", which Pump It Up will make available to franchisees.
Pump It Up will provide these Enhancements to the franchisee at a reasonable cost. The franchisee is authorized to use the Software exclusively for operating the Pump It Up System at approved locations. Modifying, copying, translating, or reproducing the Software is prohibited without Pump It Up's prior written consent, which will only be granted to the extent necessary for operating the System.
All copies of the Software, including those produced with Pump It Up's consent, remain the sole and exclusive property of Pump It Up or its authorized third parties. Franchisees acknowledge that Pump It Up may obtain the Software from third parties and agree to comply with any additional contracts required by Pump It Up to ensure compliance with agreements with these third parties. Franchisees must also keep the software confidential and only use it for operating their Pump It Up business.