Is Pump It Up responsible for ensuring that the provided specifications and layouts comply with the ADA?
Pump_It_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
r warranty, express or implied, of the success or profitability of a Pump It Up Business operated at the Premises. Our review will indicate only whether we believe that the terms of the Lease meet our thenacceptable criteria.
6. CONSTRUCTION OF THE FRANCHISED BUSINESS
A. Construction Plans.
- (1) You are responsible for developing the Franchised Business. We will provide to you mandatory and suggested specifications and layouts for a Pump It Up Business, including requirements for dimensions, design, image, interior layout, décor, fixtures, equipment, signs, furnishings, and color scheme. We may also provide you with suggested drawings for the overall layout of the premises. You acknowledge that the layouts and drawings are proprietary to us. These specifications and layouts might not reflect the requirements of any federal, state, or local law, code, or regulation, including those arising under the Americans with Disabilities Act ("ADA") or similar rules governing public accommodations for persons with disabilities. It is your responsibility to prepare a site survey and all required construction plans and specifications to suit the Premises and to make sure that these plans and specifications comply with the ADA and similar rules governing public accommodations for persons with disabilities, other applicable ordinances, building codes, permit requirements, and Lease requirements and restrictions.
- (2) You must retain an architect licensed in your state to develop construction drawings of your Pump It Up Business. Required stamped drawings include architectural, mechanical, plumbing and electrical plans. In addition, you must obtain structural and fire protection and any other plans as may be required by your state and local agencies.
- (3) You agree to send to us, upon our request, construction plans, specifications and/or other plans for our review before you begin constructing the Franchised Business, and all revised or "as built" plans and specifications during construction. We reserve the right to visit and inspect the Premises during construction to confirm your compliance with your obligations described in this section.
- B. Development of the Franchised Business. You agree to do the following, at your own expense, to develop the Franchised Business at the Premises:
- (1) secure all financing and/or funding required to develop and operate the Franchised Business
- (2) procure insurance coverage for your activities under this Agreement as required by Section 12.L. and the Manuals;
Source: Item 23 — RECEIPTS (FDD pages 60–225)
What This Means (2025 FDD)
According to Pump It Up's 2025 Franchise Disclosure Document, the franchisee is responsible for ensuring that the Franchised Business complies with the Americans with Disabilities Act (ADA). Pump It Up will provide mandatory and suggested specifications and layouts for the Pump It Up Business, including requirements for dimensions, design, image, interior layout, décor, fixtures, equipment, signs, furnishings, and color scheme. These specifications and layouts might not reflect the requirements of any federal, state, or local law, code, or regulation, including those arising under the ADA or similar rules governing public accommodations for persons with disabilities.
It is the franchisee's responsibility to prepare a site survey and all required construction plans and specifications to suit the premises and to make sure that these plans and specifications comply with the ADA and similar rules governing public accommodations for persons with disabilities, other applicable ordinances, building codes, permit requirements, and Lease requirements and restrictions. The franchisee must retain a licensed architect to develop construction drawings for the Pump It Up Business, including architectural, mechanical, plumbing, and electrical plans. The franchisee must also obtain structural and fire protection plans as required by state and local agencies.
The franchisee must send Pump It Up construction plans, specifications, and other plans for review before construction begins, as well as any revised plans during construction. Pump It Up reserves the right to inspect the premises during construction to ensure compliance with these obligations. If a major redesign of the premises is required by the Americans with Disabilities Act or any new safety standards, the franchisee will be required to complete that redesign within a reasonable time period, regardless of the cost of compliance.