What is the state for the Pump It Up franchise owned by CLZW, LLC?
Pump_It_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
| ("Franchise | Agreement") | between | Pump | It | Up | Holdings, | LLC | ("PIU") | and |
|---|---|---|---|---|---|---|---|---|---|
| ("You") is entered into simultaneously with the execution of the | |||||||||
| Franchise Agreement. |
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- Section 4.C. of the Franchise Agreement is deleted and replaced with the following:
- C. Continuation. If for any reason, you continue to operate your Pump It Up Business beyond the Initial Term of this Agreement or any subsequent renewal period, it shall be deemed to be on a month-to-month basis under the terms of this Agreement and subject to termination upon 30 days' notice or as required by law (the Initial Term and all renewals shall be referred to as the "Term"). If said hold-over period exceeds 90 days, this Agreement is subject to immediate termination unless applicable law requires a longer period. Upon termination after any hold-over period, you and those in active concert with you, including family members, officers, directors, partners and managing agents, are subject to the terms of Sections 18.A, 18.B(3), 20.A., and 21 of this Agreement and all other applicable post-termination obligations contained in this Agreement.
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- The following statement shall be added to the end of Section 7.A.(1) of the Franchise Agreement:
- "We will defer the collection of the Initial Franchise Fee from Washington franchisees until we have completed all of our pre-opening obligations and you are open for business."
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- Section 17 of the Franchise Agreement shall be deleted in its entirety.
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- Section 18.B of the Franchise Agreement does not apply in Washington.
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- The following statement shall be added at the end of Section 19 of the Franchise Agreement:
- The Franchisee may terminate the Agreement upon any grounds available by law.
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- The Franchisee's indemnification obligations under Section 23.A. of the Franchise Agreement shall not extend to claims that are caused by the Franchisor's acts or omissions which amount to strict liability or fraud.
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- Section 24.E of the Franchise Agreement shall be deleted in its entirety.
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- Section 26 of the Franchise Agreement does not apply in the state of Washington.
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- In the event of a conflict of laws, the provisions of the Washington Franchise Investment Protection Act, Chapter 19.100 RCW will prevail.
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- RCW 19.100.180 may supersede the franchise agreement in your relationship with the franchisor including the areas of termination and renewal of your franchise. There may also be court decisions which may supersede the franchise agreement in your relationship with the franchisor including the areas of termination and renewal of your franchise.
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- A franchisee may bring an action or proceeding arising out of or in connection with the sale of franchises, or a violation of the Washington Franchise Investment Protection Act, in Washington.
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- A release or waiver of rights executed by a franchisee may not include rights under the Washington Franchise Investment Protection Act or any rule or order thereunder except when executed pursuant to a negotiated settlement after the agreement is in effect and where the parties are represented by independent counsel. Provisions such as those which unreasonably restrict or limit the statute of limitations period for claims under the Act, or rights or remedies under the Act such as a right to a jury trial, may not be enforceable.
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- Transfer fees are collectable to the extent that they reflect the franchisor's reasonable estimated or actual costs in effecting a transfer.
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- Pursuant to RCW 49.62.020, a noncompetition covenant is void and unenforceable against an employee, including an employee of a franchisee, unless the employee's earnings from the party seeking enforcement, when annualized, exceed $100,000 per year (an amount that will be adjusted annually for inflation). In addition, a noncompetition covenant is void and unenforceable against an independent contractor of a franchisee under RCW 49.62.030 unless the independent contractor's earnings from the party seeking enforcement, when annualized, exceed $250,000 per year (an amount that will be adjusted annually for inflation). As a result, any provisions contained in the franchise agreement or elsewhere that conflict with these limitations are void and unenforceable in Washington.
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- RCW 49.62.060 prohibits a franchisor from restricting, restraining, or prohibiting a franchisee from (i) soliciting or hiring any employee of a franchisee of the same franchisor or (ii) soliciting or hiring any employee of the franchisor. As a result, any such provisions contained in the franchise agreement or elsewhere are void and unenforceable in Washington.
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- Any capitalized term that is not defined in this Addendum shall have the meaning given it in the Franchise Agreement.
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- Except as expressly modified by this Addendum, the Franchise Agreement remains unmodified and in full force and effect.
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- No statement, questionnaire, or acknowledgment signed or agreed to by a franchisee in connection with the commencement of the franchise relationship shall have the effect of (i) waiving any claims under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on any statement made by any franchisor, franchise seller, or other person acting on behalf of the franchisor. This provision supersedes any other term of any document executed in connection with the franchise.
[Signatures on Following Page]
IN WITNESS WHEREOF, the parties have executed and delivered this Agreement on the dates noted below, to be effective as of the Effective Date.
PUMP IT UP HOLDINGS, LLC, an Arizona limited liability company
ADDENDUM TO PUMP IT UP GENERAL RELEASE
REQUIRED FOR WASHINGTON FRANCHISEES
This Addendum to Pump It Up General Release dated ("General Release") by ("Guarantors") is entered into simultaneously with the execution of the General Release. ("Franchisee") and 1. The General Release is amended to include the following Section 9: 9. Applicability of General Release. This Release shall not apply to any claims arising under the Washington Franchise Investment Protection Act, RCW 19.100, and the rules adopted thereunder. 2. Any capitalized term that is not defined in this Addendum shall have the meaning given it in the General Release. 3. Except as expressly modified by this Addendum, the General Release remains unmodified and in full force and effect. IN WITNESS WHEREOF, Franchisee and Guarantors have executed and delivered this Addendum to General Release. (IF APPLICANT IS AN ENTITY) (IF APPLICANT IS AN INDIVIDUAL) GUARANTOR: Its: Date: GUARANTOR:
ADDENDUM TO PUMP IT UP FRANCHISE AGREEMENT
REQUIRED FOR WISCONSIN FRANCHISEES
("Franchise Agreement") between Pump This Addendum to Pump It Up Franchise Agreement dated It Up Holdings, LLC ("You") is entered into simultaneously with the execution of the ("PIU") and Franchise Agreement. 1. The following paragraph is added to Sections 4.C and 19: Chapter 135. The conditions under which this Agreement can be terminated or not renewed may be affected by the Wisconsin Fair Dealership Law, Wisconsin Statutes 1981-82, Title XIV-A, 2. Franchise Agreement. Any capitalized term that is not defined in this Addendum shall have the meaning given it in the 3. and in full force and effect. below, to be effective as of the Effective Date PUMP IT UP HOLDINGS, LLC, an Arizona limited liability company. Except as expressly modified by this Addendum, the Franchise Agreement remains unmodified IN WITNESS WHEREOF, the parties have executed and delivered this Agreement on the dates noted FRANCHISEE
Exhibit I Franchisee Lists Pump It Up Franchise Disclosure Document
LIST OF FRANCHISED PUMP IT UP FAMILY
ENTERTAINMENT CENTERS AS OF DECEMBER 31, 2024
| FRANCHISEE | ADDRESS | CITY | STATE | ZIP | PHONE
Source: Item 23 — RECEIPTS (FDD pages 60–225)
What This Means (2025 FDD)
Based on the 2025 Pump It Up Franchise Disclosure Document, the state of the Pump It Up franchise owned by CLZW, LLC is not explicitly listed in the provided excerpt. While Exhibit I, titled "Franchisee Lists," is mentioned, the actual list containing franchisee names, addresses, cities, states, and zip codes is not included in this excerpt.
Without the full franchisee list, it's impossible to determine the state where CLZW, LLC's Pump It Up franchise is located. The excerpt does mention several states that have franchise laws requiring registration or filing of the franchise disclosure document, including California, Hawaii, Illinois, Indiana, Maryland, Michigan, Minnesota, New York, North Dakota, Rhode Island, South Dakota, Virginia, Washington, and Wisconsin. However, this doesn't indicate whether CLZW, LLC operates in any of these states.
To find this information, a prospective franchisee should request the complete Exhibit I (Franchisee Lists) from Pump It Up. This list would provide the necessary details about existing franchisees, including their locations, and would answer the question about CLZW, LLC's franchise location.