Can Pump It Up modify the System Standards?
Pump_It_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
ed in the Manuals exist to protect our interest in the Pump It Up franchise system and the Marks, and are not for the purpose of establishing control or any duty to take control over any matters that are reserved to you, such as the day-to-day operation of your Franchised Business and the management of your employees.
- B. We reserve the right to make the Manuals accessible to you solely via computer systems or in any other electronic format. The Manuals may be modified, updated and revised from time to time to reflect changes in System Standards. You shall implement all relevant updates and amendments to the Manuals or System Standards as described in newsletters or notices we distribute, including via computer systems. You must maintain the Manuals as secret and confidential and maintain the information in the Manuals as secret and confidential. Any form of the Manuals we make accessible to you online will be deemed our Confidential Information (defined in Section 18.A. below).
- C. Any password or other digital identification necessary to access the Manuals electronically are our Confidential Information. You agree to keep your access to the Manuals secured. In the event of a dispute relating to the contents of the Manuals, the master copy of the Manuals we maintain at our principal office will be controlling. This master copy of the Manuals may be maintained in electronic form. You may not at any time copy, duplicate, record or otherwise reproduce any part of the Manuals without our express written authorization.
11. TRAINING AND ASSISTANCE
A. Initial Training Program.
- (1) If you (or your Operating Principal) do not currently own a Pump It Up franchise, then before you open the Franchised Business, you (or your Operating Principal) must attend and complete our initial training program. The initial training program involves classroom instruction and instruction at a Pump It Up facility and/or at any other location as we may specify in writing. The initial training program may also include online or other virtual training at dates and times designated by us.
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 retains the right to modify, update, and revise the System Standards. These changes will be reflected in updates and amendments to the Manuals, which franchisees are obligated to implement as described in newsletters or notices distributed by Pump It Up. The System Standards encompass a wide array of aspects related to the Pump It Up Business, including the franchised site, premises, leasehold improvements, interior finish, décor, furnishings, equipment, products, formulas, supplies, materials, inventory, technical equipment standards, client relations, marketing techniques, promotional materials, advertising, accounting systems, and service delivery methods.
Pump It Up communicates these standards and any changes to franchisees through various channels, including the Manuals, bulletins, emails, written materials, online sources, telephone conversations, virtual webinars, and consultations. Franchisees are required to adhere to the standards, specifications, and operating procedures established by Pump It Up, as outlined in the Manuals and other written communications. The Manuals themselves may be made accessible to franchisees via computer systems or other electronic formats, and Pump It Up maintains a master copy of the Manuals at its principal office, which serves as the controlling reference in case of disputes.
This ability to modify System Standards allows Pump It Up to adapt to changing market conditions, customer preferences, and industry best practices. For a franchisee, this means they must stay informed of any updates and be prepared to implement changes to their business operations as directed by Pump It Up. While this ensures consistency across the franchise system, it also requires franchisees to invest in updates and modifications, potentially incurring costs to comply with the evolving standards. Franchisees are responsible for maintaining the confidentiality of the Manuals and System Standards, as they contain confidential trade secrets belonging to Pump It Up.