Under what condition can a Pump It Up franchisee copy the software?
Pump_It_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee may not modify, copy, translate or reproduce in any form all or any part of the Software without the prior written consent of Franchisor.
Such consent will be given solely to the extent required for use of the Software in the operation of the System.
All copies of the Software, including any produced by Franchisee with Franchisor's consent, are and shall be the sole and exclusive property of Franchisor or authorized third parties during and after the term of this Software License.
Source: Item 23 — RECEIPTS (FDD pages 60–225)
What This Means (2025 FDD)
According to the 2025 Pump It Up Franchise Disclosure Document, a franchisee is generally prohibited from copying the software used in the operation of their franchise. However, there is a specific condition under which copying may be permitted.
The FDD states that a Pump It Up franchisee may not copy the software without the prior written consent of the franchisor. This consent is explicitly limited, as it "will be given solely to the extent required for use of the Software in the operation of the System." This means that any permitted copying is only for the purpose of running the Pump It Up business and not for any other reason.
This restriction is further reinforced by the clause stating that all copies of the software, including those made with the franchisor's consent, remain the sole and exclusive property of Pump It Up or authorized third parties. This ensures that the franchisee does not gain any ownership rights over the software, even if they are allowed to make copies for operational purposes. Franchisees should seek written permission and clarify the scope of permitted copying to avoid any breach of the software license agreement.