Is the Pump It Up Software License Agreement dependent on the Franchise Agreement?
Pump_It_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
The term of this Software License shall be co-extensive with the term of the Franchise Agreement.
Expiration or termination of the Franchise Agreement for whatever reason shall automatically terminate this Software License and the right granted by it to use the Software, without notice to Franchisee.
If Franchisor's license to any of the Software secured from third parties should terminate, then this Software License shall automatically terminate as to such Software and Franchisee shall comply with the provisions of Paragraph 11 in connection with such Software.
In addition, Franchisor may terminate this Software License upon the failure by Franchisee to comply with any of the terms and conditions herein, by giving Franchisee written notice of termination stating the nature of the breach at least seven days prior to the effective date of termination; provided that Franchisee may avoid termination by immediately initiating a remedy to cure such default and curing it to Franchisor's satisfaction within the seven day period and by promptly providing proof thereof to Franchisor.
If any such default is not cured within that time, or such longer period as applicable law may require, this Software License shall terminate without further notice to Franchisee effective immediately upon expiration of the seven-day cure period or such longer period as applicable law may require.
Upon the expiration or termination of this Software License or upon the expiration or termination of the Franchise Agreement, whichever shall occur earlier, Franchisee shall immediately cease to use the Software and shall immediately deliver to Franchisor all copies of the Software then in Franchisee's possession or control and erase the Software from Franchisee's computer system.
In addition to any other rights which Franchisor may have under the Franchise Agreement or herein, or as Franchisor may otherwise have at law or in equity, in the event Franchisee is in breach of the Franchise Agreement or this Agreement and so long as such breach continues and is not cured to Franchisor's satisfaction, Franchisor shall have the right to disable the Software and to restrict, limit, and/or deny Franchisee access to any computer software or database (including remote software and databases) owned, licensed, operated or controlled (directly or indirectly) by Franchisor or its affiliates, which software or database is used, accessed by or through, or functions in connection with the Software, without prior notice or liability to Franchisee and third parties.
Source: Item 23 — RECEIPTS (FDD pages 60–225)
What This Means (2025 FDD)
According to the 2025 Pump It Up Franchise Disclosure Document, the Software License Agreement is dependent on the Franchise Agreement. The Software License term is co-extensive with the term of the Franchise Agreement. This means that the Software License Agreement lasts as long as the Franchise Agreement is in effect.
Furthermore, the FDD states that if the Franchise Agreement expires or terminates for any reason, the Software License also automatically terminates. The franchisee loses the right to use the software without any further notice. The franchisee must then stop using the software and return all copies to Pump It Up, including erasing it from their computer systems.
Pump It Up also has the right to disable the software and restrict the franchisee's access to any software or database controlled by Pump It Up if the franchisee breaches the Franchise Agreement or the Software License Agreement. This can be done without prior notice or liability to the franchisee as long as the breach continues and is not resolved to Pump It Up's satisfaction. These terms highlight the importance of adhering to the Franchise Agreement and Software License Agreement to maintain access to essential operational software.