Is the Pump It Up software license assignable?
Pump_It_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Franchisee may not cause or effectuate a transfer any of its rights under this Software License without the prior written consent of Franchisor.
Source: Item 23 — RECEIPTS (FDD pages 60–225)
What This Means (2025 FDD)
According to Pump It Up's 2025 Franchise Disclosure Document, franchisees are restricted from transferring any rights associated with the software license without obtaining prior written consent from Pump It Up. This requirement is explicitly stated in the Software License Agreement.
This stipulation means that if a franchisee wishes to sell their Pump It Up franchise, or transfer the software license for any reason, they must first seek and receive approval from Pump It Up. This provision allows Pump It Up to maintain control over who is using their proprietary software and ensures that any new user meets their standards and obligations.
This is a fairly standard practice in franchising, as franchisors typically want to oversee who is using their intellectual property and representing their brand. For a prospective Pump It Up franchisee, this means understanding that the software license is not freely transferable and that any transfer will require the franchisor's explicit permission. It would be prudent to discuss with Pump It Up the criteria and process for obtaining this consent to transfer the software license.