What is the radius around other Pump It Up businesses where the non-compete applies during the restrictive period?

According to Pump It Up's 2025 Franchise Disclosure Document, during the restrictive period, the non-compete restrictions apply at the franchisee's premises, within a 5-mile radius of the outer boundaries of the protected area, and within 5 miles of any other Pump It Up business in operation or under construction. This radius is measured from the later of the date of termination or expiration of the Franchise Agreement, or the date on which all persons restricted by Section 18.B begin to comply with Section 18.B.

This means that after the franchise agreement ends, a former franchisee cannot operate a competing business within these specified zones. The 5-mile radius around other Pump It Up locations aims to prevent direct competition with existing franchises, protecting their customer base. The non-compete applies to any Pump It Up location that is either operating or under construction.

The restrictive period itself is initially two years from the date the Franchise Agreement expires or is terminated. However, this period may be reduced to one year or even six months if a court deems the initial two-year period unenforceable. The restrictions also apply after Transfers, as provided in Section 16.B.(3).

It is important to note that failure to comply with these non-compete obligations during the restrictive period will not count towards fulfilling the obligations under Section 18.B. Additionally, if any part of the non-compete agreement is deemed unenforceable, Pump It Up will seek enforcement to the fullest extent permissible under applicable laws.