What rights does a franchisee acquire in the Pump It Up System Standards?
Pump_It_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
- (1) We own and control the distinctive plan for the establishment, operation and promotion of the Pump It Up Business and all related licensed methods of doing business, previously defined as the "System Standards." System Standards may regulate and/or provide suggested specifications, best practices, standards, operating procedures, general guidance, ongoing advice, and consultation to you on any one or more of the following with respect to the Pump It Up Business: franchised site, premises, leasehold improvements, interior finish, interior décor, furnishings, equipment, products, product formulas, supplies, materials, inventory type, technical equipment standards, client relations, marketing techniques, written promotional materials, advertising, accounting systems, and service delivery methods.
All information identified in the preceding sentence constitute our confidential trade secrets.
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 acknowledge that we have valuable rights in and to such trade secrets.
You further acknowledge that you have not acquired any right, title or interest in the System Standards except for the right to use the System Standards in the operation of the Pump It Up Business as it is governed by this Agreement and that it is obligated to maintain the confidentiality of the System Standards.
- (2) You acknowledge that each and every detail of the appearance, layout, décor, cleanliness, safety standards, services and operation of the Franchised Business is essential to us and to other franchisees of Pump It Up Businesses to preserve the goodwill of the Marks and all Pump It Up Businesses.
These details constitute our protected trade dress.
Source: Item 23 — RECEIPTS (FDD pages 60–225)
What This Means (2025 FDD)
According to the 2025 FDD, a Pump It Up franchisee's rights regarding the System Standards are limited. The franchisee only obtains the right to use the System Standards in the operation of their Pump It Up Business, as governed by the Franchise Agreement. The franchisee does not acquire any other right, title, or interest in the System Standards themselves. The franchisee is obligated to maintain the confidentiality of these System Standards.
The System Standards encompass the distinctive plan for establishing, operating, and promoting the Pump It Up Business, including all related licensed methods of doing business. These standards may regulate or provide suggested specifications, best practices, standards, operating procedures, general guidance, and consultation on various aspects of the Pump It Up Business. These aspects include the franchised site, premises, leasehold improvements, interior finish, interior décor, furnishings, equipment, products, product formulas, supplies, materials, inventory type, technical equipment standards, client relations, marketing techniques, written promotional materials, advertising, accounting systems, and service delivery methods.
Pump It Up retains ownership and control over the System Standards, which are considered confidential trade secrets. The franchisee acknowledges that each detail of the appearance, layout, décor, cleanliness, safety standards, services, and operation of the Franchised Business is essential to maintain the goodwill of the Pump It Up brand. These details constitute Pump It Up's protected trade dress. The System Standards may also regulate pricing requirements for the services and products the Pump It Up Business sells, to the extent allowed by law.