Must notices be in writing to be binding under the Pump It Up franchise agreement?
Pump_It_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
- G.
No Waiver; No Disclaimer of Reliance.
No statement, questionnaire, or acknowledgment signed or agreed to by a franchisee in connection with the commencement of the franchise relationship shall have the effect of (i) waiving any claims under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on any statement made by any franchisor, franchise seller, or other person acting on behalf of the franchisor.
This provision supersedes any other term of any document executed in connection with the franchise.
- **29.
NOTICES AND PAYMENTS.** No notice, demand, request or other communication to the parties will be binding upon the parties unless the notice is in writing, refers specifically to this Agreement and: (A) if to us, is sent to 4343 E.
Outlier Blvd., Suite 220, Phoenix, AZ 85008 (Attn: Legal Department); or (B) if to you, is sent to the address and to the individual specified on Exhibit 4 or is sent to the premises of the Franchised Business.
Any party may designate a new address for notices by giving written notice of the new address pursuant to this section. n
Source: Item 23 — RECEIPTS (FDD pages 60–225)
What This Means (2025 FDD)
According to Pump It Up's 2025 Franchise Disclosure Document, all notices, demands, requests, or other communications between Pump It Up and the franchisee must be in writing to be considered binding. The written notice must specifically refer to the Franchise Agreement. If the notice is for Pump It Up, it should be sent to 4343 E. Outlier Blvd., Suite 220, Phoenix, AZ 85008, and addressed to the Legal Department. If the notice is for the franchisee, it should be sent to the address and individual specified on Exhibit 4 or to the premises of the Franchised Business.
This requirement ensures that all important communications are documented and can be referenced later if needed. It reduces the risk of misunderstandings or disputes arising from verbal agreements or informal communications. Both Pump It Up and the franchisee can change their designated address for notices by providing written notice of the new address, following the same guidelines.
For a prospective Pump It Up franchisee, this means that any critical communication with Pump It Up, such as a request for a waiver or an amendment to the agreement, must be formally documented in writing and sent to the correct address to be considered valid and binding. It is crucial to keep records of all written notices sent and received to ensure compliance with the franchise agreement and to protect their rights as a franchisee.