Can Pump It Up modify the Manuals periodically?
Pump_It_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
ions, methods, and techniques used in the key management areas of Pump It Up Businesses including marketing and promotion, daily operations, personnel, and financial management. We may modify the Manuals periodically to reflect changes in System Standards. The contents of all versions of the Manuals are confidential, regardless of whether it is currently utilized by us, and constitute our trade secrets. You may not disclose the Manuals to any person other than employees or agents of the Franchised Business who need to know its contents. You may not at any time copy, duplicate, record, or otherwise reproduce any part of the Manuals without first obtaining our written consent to do so.
We possess certain confidential information, some of which constitutes trade secrets under applicable law ("Confidential Information"), relating to the development and operation of Pump It Up Businesses. The Confidential Information includes, among other things: site selection criteria, the Manuals, and marketing and advertising programs. You do not acquire any interest in the Confidential Information, other than the right to use the Confidential Information as we specify in operating the Franchised Business during the term of the Franchise Agreement. The Confidential Information is proprietary to us. You cannot use the Confidential Information in any unauthorized manner or disclose it to any third person, except as we may choose to permit, which permission must be given in writing. If we permit you to disclose any Confidential Information to a third party, we can require that the third party sign a confidentiality and nondisclosure agreement in the form we specify.
There are no agreements currently in effect that significantly limit our right to use or allow others to use the copyrighted materials, trade dress, or Confidential Information.
Source: Item 14 — PATENTS, COPYRIGHTS, AND PROPRIETARY INFORMATION (FDD pages 45–46)
What This Means (2025 FDD)
According to Pump It Up's 2025 Franchise Disclosure Document, the company may modify its Manuals periodically. The Manuals contain System Standards, which include mandatory and suggested specifications, best practices, standards, operating procedures, and rules that Pump It Up prescribes for operating a franchise. These modifications reflect changes in System Standards. The contents of all versions of the Manuals are confidential and constitute Pump It Up's trade secrets.
Pump It Up may make the Manuals accessible to franchisees solely via computer systems or in any other electronic format. Franchisees are expected to implement all relevant updates and amendments to the Manuals or System Standards as described in newsletters or any other notices the company distributes through any written means. Pump It Up reserves the right to require the implementation of any System Standards.
As a franchisee, you must maintain the Manuals as confidential and keep the information within them secret. Any form of the Manuals that Pump It Up makes accessible to you, regardless of how they provide them (e.g., online or via email), will be deemed confidential information. Franchisees cannot copy, duplicate, record, or otherwise reproduce any part of the Manuals without Pump It Up's express written authorization. In the event of a dispute relating to the contents of the Manuals, the master copy of the Manuals maintained at Pump It Up's principal office will be controlling, and this master copy may be maintained in electronic form.