What does the term 'Marks' refer to in the Pump It Up Franchise Agreement?
Pump_It_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
The Marks are owned by our parent company, FB Holdings, LLC, and are licensed to us for use in the System.
- E.
You would like to obtain a license to use the System and the Marks and to operate a franchised Pump It Up Business (the "Franchised Business") at the location specified in Exhibit 1 (the "Premises"), subject to the terms and conditions of this Agreement and in strict compliance with the high and uniform standards of quality, operations and service established by us for the System (the "System Standards").
- F.
You acknowledge the importance of the System Standards and the necessity of developing and operating the Franchised Business in strict conformity with this Agreement, the System Standards, and the Pump It Up operations manuals (the "Manuals").
- G.
You have investigated the Pump It Up franchise opportunity, had the opportunity to ask any questions of us and review any materials you may have requested, and recognize that, like any other business, the nature of the business of Pump It Up Businesses may, and probably will, evolve and change over time.
- H.
We are willing to grant to you the opportunity to develop and operate a Franchised Business at the Premises, subject to the terms and conditions of this Agreement.
Source: Item 23 — RECEIPTS (FDD pages 60–225)
What This Means (2025 FDD)
According to the 2025 Pump It Up Franchise Disclosure Document, the term "Marks" refers to the trademarks, service marks, logos, and other proprietary identifiers that Pump It Up uses to brand its franchise system. These Marks are owned by FB Holdings, LLC, Pump It Up's parent company, and are licensed to Pump It Up for use in the franchise system. As a franchisee, your right to use these Marks is derived solely from the Franchise Agreement and is limited to operating the franchised business at the specified location in accordance with the agreement and all system standards.
The Franchise Agreement emphasizes that any goodwill established through the use of the Marks benefits Pump It Up exclusively, and the agreement does not grant the franchisee any ownership or other interests in the Marks beyond the right to operate the franchised business. Franchisees are prohibited from contesting the validity or ownership of the Marks. Franchisees must use the Marks as the sole identification of their franchised business and agree to display the Marks prominently as prescribed by Pump It Up on the premises, forms, advertising, supplies, and other designated materials.
Pump It Up also restricts how franchisees can use the Marks, including prohibitions on using them as part of any corporate or legal business name, with unauthorized modifications, or in selling unauthorized services or products, unless prior written consent is obtained. Franchisees also need written consent to use any Mark in advertising the transfer, sale, or other disposition of the Franchised Business. Additionally, franchisees must ensure that the Marks are correctly displayed with the appropriate "®", "™", or "SM" symbol as prescribed by Pump It Up. These regulations extend to online usage, as franchisees cannot use the Marks in connection with any domain name, URL, email address, website, or social media platform without prior written consent from Pump It Up.
Upon termination or expiration of the Franchise Agreement, the franchisee must immediately discontinue all use of the Marks, remove them from the franchised business, inflatables, clothing, signs, materials, motor vehicles, and any other items used in the operation of the business. They must also cancel all advertising containing the Marks and take necessary actions to cancel any filings or registrations for the franchised business that include any Mark. The franchisee must comply with these obligations before offering any items previously bearing the Marks for sale or auction and is prohibited from selling any items bearing the Marks.