How does the Pump It Up Release state that amendments or changes to the agreement must be handled?
Pump_It_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
- A. Consents. Whenever this Agreement requires our prior approval or consent, you must make a timely written request to us for that approval or consent, and any approval or consent from us must be made in writing and be signed by one of our authorized officers.
- B. Waivers. We and you may, by written instrument, unilaterally waive or reduce any obligation of or restriction upon the other under this Agreement, effective upon delivery of written notice
to the other or another effective date stated in the notice of waiver. Any waiver granted will be without prejudice to any other rights we or you have, will be subject to continuing review, and may be revoked at any time and for any reason effective upon delivery of 10 days' prior written notice. We and you will not waive or impair any right, power, or option this Agreement reserves (including, without limitation, our right to demand exact compliance with every term, condition, and covenant or to declare any breach to be a default and to terminate this Agreement before the expiration of its term) because of: any custom or practice at variance with this Agreement's terms; our or your failure, refusal, or neglect to exercise any right under this Agreement or to insist upon the other's compliance with this Agreement, including, without limitation, any System Standard; our waiver of or failure to exercise any right, power, or option, whether of the same, similar, or different nature, with other Pump It Up Businesses; the existence of agreements for other Pump It Up Businesses which contain provisions different from those contained in this Agreement; or our acceptance of any payments due from you after any breach of this Agreement. No special or restrictive legend or endorsement on any check or similar item given to us will be a waiver, compromise, settlement, or accord and satisfaction.
Source: Item 23 — RECEIPTS (FDD pages 60–225)
What This Means (2025 FDD)
According to the 2025 Pump It Up FDD, any required approvals or consents regarding the Franchise Agreement must be requested in writing. Pump It Up's approval or consent must also be in writing, signed by one of their authorized officers. This ensures there is a clear record of what was approved and who authorized it, preventing misunderstandings.
Pump It Up or the franchisee can waive or reduce obligations or restrictions under the agreement by providing written notice. This waiver is effective upon delivery of the notice or on another date specified in the notice. However, any waiver is subject to ongoing review and can be revoked at any time, for any reason, with 10 days' prior written notice. This allows Pump It Up to maintain flexibility and control over the franchise agreement, even if certain terms are temporarily waived.
The FDD states that Pump It Up's failure to enforce strict compliance with the agreement or any System Standard does not waive their right to demand exact compliance in the future. Similarly, accepting payments after a breach of the agreement does not constitute a waiver. This protects Pump It Up's rights and ensures that they can enforce the agreement's terms despite any previous leniency. This is a common practice in franchising, as franchisors need to maintain consistent standards across all locations.