Is Pump It Up obligated to protect or defend its copyrights?
Pump_It_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
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. We do not have any copyright licenses that are material to the franchise. We do not actually know of any infringing uses that could materially affect your use of these materials in any state. We need not protect or defend copyrights, although we intend to do so when this action is in the best interest of the System.
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, Pump It Up is not required to protect or defend its copyrights. However, Pump It Up states that it intends to do so when it is in the best interest of the System. This means that while Pump It Up owns the copyrights to its manuals, trade dress, business forms, and other materials, franchisees cannot depend on Pump It Up to take action against copyright infringement.
As a Pump It Up franchisee, you are only allowed to use these copyrighted items in the way that Pump It Up specifies and only while operating your franchised business. The manuals contain System Standards with mandatory and suggested specifications, best practices, standards, operating procedures, and rules that Pump It Up prescribes for operating a Pump It Up Business. The manuals also contain confidential information consisting of instructions, methods, and techniques used in key management areas, including marketing and promotion, daily operations, personnel, and financial management.
Pump It Up may modify the manuals periodically to reflect changes in System Standards. The contents of all versions of the manuals are confidential, regardless of whether Pump It Up currently utilizes them, and constitute their trade secrets. Franchisees may not disclose the manuals to any person other than employees or agents of the franchised business who need to know its contents. Franchisees may not at any time copy, duplicate, record, or otherwise reproduce any part of the manuals without first obtaining Pump It Up's written consent to do so.
This policy is fairly typical in franchising, where the franchisor retains control over its intellectual property but does not guarantee active enforcement. A prospective franchisee should consider this when assessing the risks and benefits of investing in a Pump It Up franchise.