What standards must Pump It Up advertising and marketing adhere to?
Pump_It_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
You may not develop, maintain, or authorize any website that mentions or
describes you or the Franchised Business or displays any of the Marks without our prior express written consent. Your advertising, promotion, and marketing must be completely clear, factual, and not misleading, and conform to both the highest standards of ethical advertising and marketing and the advertising and marketing policies that we prescribe from time to time. You may not use direct advertising and marketing to customers located in the protected area of another Pump It Up Business franchisee. If you have a Protected Area, you may only use direct advertising and marketing or utilize applicable social media platforms directed at customers located within your Protected Area.
- (3) You may purchase local advertising and promotional materials from us or any source that is consistent with System Standards.
Periodically, we may provide to you samples of advertising, marketing, and promotional forms and materials at no cost.
If you purchase marketing materials from a source other than us or our affiliates, these materials must comply with federal and local laws and regulations and with the guidelines for advertising and promotion promulgated from time to time by us and otherwise be compliant with System Standards.
To the extent that we learn of any materials that are not compliant with the obligations set forth herein, we reserve the right to prohibit you from using such materials or language in any advertising and promotion.
- (4) Your advertising and promotional materials may not contain any statement or material which, in our sole discretion, may be considered: (a) in bad taste or offensive to the public or to any group of persons; (b) defamatory or an attack on any competitor; (c) to infringe upon the use, without permission, of any other trade name, trademark, service mark or identification; or (d) inconsistent with our public image or that of the System.
You acknowledge and agree that any and all copyright in and to advertising and promotional materials developed by you or on your behalf will be our sole property, and you must execute such documents (and, if necessary, require your independent contractors to execute such documents) as may be deemed reasonably necessary by us to give effect to this provision.
- (5) You must actively participate in all marketing and advertising programs designated by us or the Brand Fund including social media programs (e.g., Facebook, X (Twitter), Instagram, and any other platforms we identify or as are developed from time to time) and comply with all guidelines set forth by us regarding the use of these programs as set forth in the Manuals.
Source: Item 23 — RECEIPTS (FDD pages 60–225)
What This Means (2025 FDD)
According to Pump It Up's 2025 Franchise Disclosure Document, franchisees must ensure their advertising, promotion, and marketing efforts are clear, factual, and not misleading. These efforts must adhere to the highest standards of ethical advertising and marketing, as well as the specific advertising and marketing policies prescribed by Pump It Up. Franchisees are restricted from directly advertising or marketing to customers within another franchisee's protected area. If a franchisee has a protected area, their direct advertising and marketing, including social media, must target customers within that specific area.
Pump It Up allows franchisees to purchase local advertising and promotional materials from the franchisor or other sources that align with the System Standards. If franchisees choose to buy marketing materials from alternative sources, these materials must comply with federal and local laws, regulations, and the franchisor's advertising and promotion guidelines, ensuring they meet System Standards. Pump It Up retains the right to prohibit the use of any materials that do not meet these obligations.
Furthermore, Pump It Up maintains strict control over the content of advertising and promotional materials. Franchisees' materials must not contain any statement or material that the franchisor considers to be in bad taste, offensive, defamatory, or infringing on the trademarks of others. The materials must also be consistent with the public image of Pump It Up. All copyrights for advertising and promotional materials developed by or for the franchisee become the sole property of Pump It Up, requiring franchisees to ensure that they and their contractors execute necessary documents to confirm this provision. Franchisees must also actively participate in marketing and advertising programs designated by Pump It Up, including social media programs, and adhere to all guidelines set forth in the manuals.