Are there any exceptions to the limitations on claims for Pump It Up?
Pump_It_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
on 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.
Source: Item 23 — RECEIPTS (FDD pages 60–225)
What This Means (2025 FDD)
According to the 2025 Pump It Up FDD, there are specific addenda that address limitations on claims for franchisees in certain states. For Washington franchisees, an addendum to the General Release specifies that the release does not apply to claims arising under the Washington Franchise Investment Protection Act, RCW 19.100, and its associated rules. This means that Washington franchisees retain their rights to make claims under this specific state law, regardless of any general release agreements.
Similarly, for Minnesota franchisees, the FDD states that the Limitations of Claims section must comply with Minnesota Statutes, Section 80C.17, Subd. 5. Additionally, no statement or acknowledgment signed by a franchisee can waive claims under applicable state franchise law, including fraud in the inducement, or disclaim reliance on statements made by Pump It Up. This provision supersedes any other conflicting term in any document related to the franchise agreement.
For New York franchisees, an addendum to the Pump It Up Franchise Agreement clarifies that any provision in the agreement inconsistent with the New York General Business Law, Article 33, Sections 680 - 695, may not be enforceable. Furthermore, the New York Franchises Law governs any claim arising under that law. These addenda ensure that franchisees in Washington, Minnesota, and New York retain certain legal rights and protections, overriding any conflicting terms in the standard franchise agreement.