Which section of the Pump It Up Franchise Agreement addresses the franchisee's opening obligations?
Pump_It_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
D. Opening the Franchised Business.
(1) No later than 12 months from the Effective Date of this Agreement, you shall execute a lease agreement or otherwise secure the Premises for your Franchised Business.
(2) Subject to your compliance with the conditions set forth in this Section 6 and the rights granted to you pursuant to Section 7.A(2), or as we may otherwise approve, you agree to open the Franchised Business by the earlier of: (i) six months from the date of that you execute a lease agreement or otherwise secures a Premises for the Franchised Business; and (ii) 18 months from the Effective Date of this Agreement.
(3) We will not authorize the opening of the Franchised Business unless all of the following conditions have been met:
- (a) We are satisfied that the Franchised Business was constructed and/or renovated and equipped substantially in accordance with our standards and specifications;
- (b) You have hired and trained staff as required by Section 11;
- (c) You have received a certificate of occupancy and all required state and local certifications, permits, and licenses necessary for the operation of a Pump It Up Business, including licenses and certifications for your staff and other personnel;
- (d) You (or your Operating Principal as defined in Section 14.D.) and your management personnel have satisfactorily completed our initial training program;
- (e) You have paid the Initial Franchise Fee (as defined in Section 7.A.) and any other amounts then due to us;
- (a) We are satisfied that the Franchised Business was constructed and/or renovated and equipped substantially in accordance with our standards and specifications;
(f) You have signed all agreements required prior to opening, including, but not limited to, the Lease, the electronic funds transfer documents described in Section 7.M.(2), and any software license agreement(s);
(g) Neither you nor any of your affiliates are in default under or in violation of any agreements with us, any of our affiliates or any PIU Vendors; and
(h) You have provided to us copies of certificates for all insurance policies required by Section 12.L. or such other evidence of insurance coverage and payment of premiums as we reasonably may request.
Source: Item 9 — FRANCHISEE OBLIGATIONS (FDD pages 29–30)
What This Means (2025 FDD)
According to the 2025 Pump It Up Franchise Disclosure Document, Section 6.D of the Franchise Agreement outlines the franchisee's obligations for opening their franchised business. Specifically, it states that the franchisee must execute a lease agreement within 12 months of the agreement's effective date.
The FDD details that franchisees must open their Pump It Up business within six months of securing a lease or 18 months from the Franchise Agreement's effective date, whichever comes first. Pump It Up will not authorize the opening of the franchised business unless certain conditions are met.
These conditions include ensuring the facility is constructed and equipped according to Pump It Up's standards, that the franchisee has hired and trained staff, and that all necessary certifications, permits, and licenses are obtained. Additionally, the franchisee (or their Operating Principal) and management personnel must complete the initial training program, and all due fees and required agreements must be fulfilled. The franchisee must also not be in default of any agreements with Pump It Up or its vendors and must provide proof of required insurance policies.