Are there any representations, promises, or agreements outside of the Pump It Up franchise agreement and its attachments that are binding on the parties?
Pump_It_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
Section 41 of the Illinois Franchise Disclosure Act provides that any condition, stipulation or provision purporting to bind any person acquiring any franchise to waive compliance with the Illinois Franchise Disclosure Act or any other law of Illinois is void.
Any capitalized term that is not defined in this Addendum shall have the meaning given it in the Franchise Agreement.
Except as expressly modified by this Addendum, the Franchise Agreement remains unmodified and in full force and effect.
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 FRANCHISE AGREEMENT REQUIRED FOR MARYLAND FRANCHISEES
Source: Item 23 — RECEIPTS (FDD pages 60–225)
What This Means (2025 FDD)
According to the 2025 Pump It Up FDD, the franchise agreement remains in full effect, except as expressly modified by addenda required for franchisees in specific states like New York, Maryland, and Washington. These addenda address state-specific franchise laws and ensure compliance, clarifying that any conflicting provisions in the franchise agreement or elsewhere are void and unenforceable in those states.
For New York franchisees, any provision inconsistent with the New York General Business Law, Article 33, Sections 680 - 695 may not be enforceable. The New York Franchises Law governs any claim arising under that law, and Pump It Up's right to obtain injunctive relief exists only after proper proofs are made and the appropriate authority has granted such relief.
Maryland franchisees are protected by Section 41 of the Illinois Franchise Disclosure Act, which voids any provision requiring a waiver of compliance with the Illinois Franchise Disclosure Act or any other law of Illinois. Representations in the agreement are not intended to act as a release, estoppel, or waiver of any liability incurred under the Maryland Franchise Registration and Disclosure Law. Washington franchisees benefit from protections under RCW 49.62.060, which prohibits Pump It Up from restricting a franchisee from soliciting or hiring employees of other franchisees or the franchisor. Additionally, no statement signed by a franchisee can waive claims under state franchise law or disclaim reliance on statements made by Pump It Up.