What must be met independently for each provision of the Additional Disclosures to be effective for a Pump It Up franchise?
Pump_It_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
of the Illinois Franchise Disclosure Act provides that any provision in a franchise agreement which designates jurisdiction or venue outside of Illinois is void. However, a franchise agreement may provide for arbitration in a venue outside of Illinois.
- The following sentence is added at the end of Section 27.G.:
Section 27 of the Illinois Franchise Disclosure Act provides that causes of action under the Act must be brought within the earlier of: 3 years of the violation, 1 year after the franchisee becomes aware of the underlying facts or circumstances or 90 days after delivery to the franchisee of a written notice disclosing the violation.
- The following sentence is added to the end of Section 30:
Section 41 of the Illinois Franchise Disclosure Act provides that any condition, stipulation or provision purporting to bind any person acquiring any franchise to waive compliance with the Illinois Franchise Disclosure Act or any other law of Illinois is void.
Any capitalized term that is not defined in this Addendum shall have the meaning given it in the Franchise Agreement.
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 MARYLAND FRANCHISEES
| This Addendum to Pump It Up Franchise Agreement dated ("Franchise Agreement") | |
|---|---|
| between Pump It Up Holdings, LLC ("PIU") and ("You") is entered into | |
| simultaneously with the execution of the Franchise Agreement. |
-
- The provisions of this Addendum form an integral part of, and are incorporated into the Franchise Agreement.
Source: Item 23 — RECEIPTS (FDD pages 60–225)
What This Means (2025 FDD)
Based on the 2025 Pump It Up Franchise Disclosure Document, the effectiveness of each provision within the addenda for Illinois, Maryland, and Minnesota franchisees hinges on its explicit modification of the standard Franchise Agreement.
Specifically, each addendum states that only those aspects of the original agreement that are "expressly modified" by the addendum are altered. This implies that any provision within the Franchise Agreement not directly addressed and changed by the addendum remains fully in effect.
For a prospective Pump It Up franchisee, this means carefully reviewing both the standard Franchise Agreement and any state-specific addenda to understand their complete contractual obligations. Franchisees must not assume that the entire Franchise Agreement is superseded by an addendum; rather, they should identify the precise sections that the addendum alters and recognize that all other sections remain unchanged and enforceable.