What is the Site Approval Period for a Pump It Up franchise?
Pump_It_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
) This Section 5.A. will not be applicable if the Premises have been approved in writing by us as of the Effective Date.
- (2) If the Premises have not been designated as of the Effective Date, you will select a site from within an area that we identify in Exhibit 1 (the "Site Selection Area"). Within 12 months after the Effective Date (the "Site Approval Period"), you must obtain our written approval of a site that is located in the Site Selection Area, and you must execute a lease or purchase contract (or otherwise secure rights to utilize) for an approved site for the Franchised Business. We, in our sole discretion, reserve the right to change the Site Selection Area at any time and for any reason. If you are in full compliance with this Agreement, we and our affiliates will not operate, or license others to operate, Pump It Up Businesses in the Site Selection Area during the Site Approval Period. We reserve all rights in the Site Selection Area that we reserve with respect to the Protected Area as described in Section 3.A. The limited exclusivity described in Section 3.A. and restrictions contained in this Section 5.A. shall not apply to Pump It Up Businesses already under construction or in operation in the Site Selection Area as of the date of this Agreement. When you sign a lease or purchase contract for (or otherwise secure rights to utilize) the approved site for the Franchised Business, any limited rights you had with respect to the Site Selection Area will be deemed extinguished.
- (3) You assume all costs, liabilities and expenses for locating, obtaining and developing a site for the Franchised Business, and for constructing and equipping the Franchised Business in accordance with our System Standards. We will assist you in your site selection by providing you with our site selection guidelines and criteria (which may include population density and other demographic characteristics, visibility, traffic flow, competition, accessibility, parking, size, and other physical and commercial characteristics), and sources for you to obtain demographic information on proposed sites. You must obtain our written approval of the site before you make any binding commitments related to the site. If you have not presented to us a legitimately viable site for approval during the Site Approval Period, we may, in our sole discretion, terminate this Agreement pursuant to Section 19.
Source: Item 23 — RECEIPTS (FDD pages 60–225)
What This Means (2025 FDD)
According to Pump It Up's 2025 Franchise Disclosure Document, the Site Approval Period is 12 months from the effective date of the franchise agreement. During this period, the franchisee must obtain written approval from Pump It Up for a site located within the designated Site Selection Area. Additionally, the franchisee must execute a lease or purchase contract, or otherwise secure the rights to utilize the approved site for their Pump It Up business.
Pump It Up retains the right to modify the Site Selection Area at any time and for any reason. During the Site Approval Period, Pump It Up and its affiliates agree not to operate or license others to operate Pump It Up businesses within the Site Selection Area, provided the franchisee is in full compliance with the franchise agreement. This exclusivity does not apply to Pump It Up businesses already under construction or in operation within the Site Selection Area as of the agreement date.
If a franchisee fails to present a legitimately viable site for approval during the Site Approval Period, Pump It Up reserves the right to terminate the franchise agreement. The franchisee is responsible for all costs associated with locating, obtaining, and developing the site, as well as constructing and equipping the Pump It Up business according to the franchisor's System Standards. Pump It Up will provide site selection guidelines and criteria to assist the franchisee in this process, but the final site selection remains the franchisee's responsibility.