Who owns the copies of the Pump It Up Software?
Pump_It_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
etion. We or our designee shall have the right to terminate (and subsequently restart) any Regional Co-op Fund. Upon termination, all monies in that Regional Co-op Fund shall be spent for advertising and/or promotional purposes for Pump It Up Businesses in the subject DMA.
10. MANUALS
A. During the Term, we will allow you access to our Manuals in any medium we decide (the "Manuals"). The Manuals consist of such materials (including, as applicable, audiotapes, videotapes, magnetic media, computer software, written materials, online documentation, recorded virtual webinars, live webinars) that we generally furnish to franchisees from time to time for use in operating a Pump It Up Business. The Manuals contain mandatory and suggested specifications, best practices, standards, operating procedures, general guidance, ongoing advice, and consultation, including our System Standards, that we prescribe or recommend from time to time for the operation of a Pump It Up Business and information relating to your other obligations under this Agreement and related agreements. You agree to follow the standards, specifications and operating procedures we establish periodically for the Pump It Up System that are described in the Manuals and in any other written communications we provide to you. You understand that our System Standards may regulate (to the extent allowed by law) maximum, minimum and other pricing requirements for the services and products your Pump It Up Business sells. You further agree and understand that the System Standards, the standards described in this Agreement, and the other standards
described 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.
Source: Item 23 — RECEIPTS (FDD pages 60–225)
What This Means (2025 FDD)
According to Pump It Up's 2025 Franchise Disclosure Document, the franchisor retains ownership and control over the software provided to franchisees. While franchisees are granted a license to use the software, they do not own it. Specifically, the franchisor maintains a master copy of the manuals, potentially in electronic form, which is considered the controlling version in case of disputes. Franchisees are prohibited from copying, duplicating, recording, or reproducing any part of the manuals without express written authorization from Pump It Up.
This arrangement ensures that Pump It Up can maintain uniformity and consistency across all franchise locations. By retaining ownership of the software and manuals, the franchisor can implement updates, revisions, and changes to the system standards as needed. This allows Pump It Up to adapt to market trends, improve operational efficiency, and maintain brand standards across all franchised businesses.
For a prospective franchisee, this means that they will be reliant on the franchisor for the provision and maintenance of critical software and operational guidelines. While franchisees have access to the manuals and software necessary to run their business, they must adhere to the franchisor's standards and updates. This dependence highlights the importance of a strong and reliable relationship with the franchisor, as any disruptions or changes to the software or manuals could directly impact the franchisee's operations. Additionally, the franchisee must ensure they protect the confidentiality of the manuals and software, as any unauthorized reproduction or distribution could have legal and financial repercussions.