Under what condition can a franchisee use the copyrighted materials of Pump It Up?
Pump_It_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
You may use these items only in the way we specify and only while operating your Franchised Business.
The Manuals and these other materials contain the System Standards, which include mandatory and suggested specifications, best practices, standards, operating procedures, and rules that we periodically prescribe for operating a Pump It Up Business, as well as information on your other obligations under the Franchise Agreement. Our Manuals and other materials also contain Confidential Information (as defined
below) consisting of the instructions, methods, and techniques used in the key management areas of Pump It Up Businesses including marketing and promotion, daily operations, personnel, and financial management. We may modify the Manuals periodically to reflect changes in System Standards. The contents of all versions of the Manuals are confidential, regardless of whether it is currently utilized by us, and constitute our trade secrets. You may not disclose the Manuals to any person other than employees or agents of the Franchised Business who need to know its contents. You may not at any time copy, duplicate, record, or otherwise reproduce any part of the Manuals without first obtaining our written consent to do so.
Source: Item 14 — PATENTS, COPYRIGHTS, AND PROPRIETARY INFORMATION (FDD pages 45–46)
What This Means (2025 FDD)
According to the 2025 Pump It Up Franchise Disclosure Document, franchisees can use copyrighted materials only in the manner specified by Pump It Up and only while operating their franchised business. These copyrighted materials include manuals, trade dress, business forms, architectural plans, advertising materials, product specifications, computer programs, newsletters, training materials, and operations and accounting materials. Pump It Up does not register these materials with the United States Copyright Office.
The manuals and other materials contain System Standards, which include mandatory and suggested specifications, best practices, standards, operating procedures, and rules that Pump It Up periodically prescribes for operating a Pump It Up Business, as well as information on the franchisee's other obligations under the Franchise Agreement. These manuals also contain confidential information consisting of instructions, methods, and techniques used in key management areas, including marketing and promotion, daily operations, personnel, and financial management. Pump It Up may modify the manuals periodically to reflect changes in System Standards.
Franchisees cannot disclose the manuals to anyone other than employees or agents of the franchised business who need to know the contents. They also cannot copy, duplicate, record, or reproduce any part of the manuals without first obtaining written consent from Pump It Up. Franchisees only acquire the right to use the confidential information as specified by Pump It Up in operating the franchised business during the term of the Franchise Agreement and cannot use it in any unauthorized manner or disclose it to any third person without written permission from Pump It Up, which may require the third party to sign a confidentiality and nondisclosure agreement.