Under what conditions can Pump It Up intervene in a customer complaint?
Pump_It_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
To the extent that we learn of any materials that are not compliant with the obligations set forth herein, we reserve the right to prohibit you from using such materials or language in any advertising and promotion.
- (4) Your advertising and promotional materials may not contain any statement or material which, in our sole discretion, may be considered: (a) in bad taste or offensive to the public or to any group of persons; (b) defamatory or an attack on any competitor; (c) to infringe upon the use, without permission, of any other trade name, trademark, service mark or identification; or (d) inconsistent with our public image or that of the System.
Source: Item 23 — RECEIPTS (FDD pages 60–225)
What This Means (2025 FDD)
Based on the 2025 Franchise Disclosure Document, Pump It Up has the right to ensure that franchisees' advertising and promotional materials align with the brand's standards and public image. Specifically, Pump It Up reserves the right to prohibit a franchisee from using materials or language in advertising and promotion if they are not compliant with the obligations set forth in the agreement. This includes materials that are considered in bad taste, offensive, defamatory, or inconsistent with Pump It Up's public image.
Pump It Up can intervene if advertising or promotional materials infringe upon the trademarks or trade names of others, or if they do not meet the ethical standards that Pump It Up prescribes. This oversight ensures that all marketing efforts reflect positively on the brand and the system as a whole.
This clause gives Pump It Up broad discretion to control the content and quality of franchisee advertising, which is crucial for maintaining brand consistency and protecting the company's reputation. Franchisees must, therefore, ensure that all advertising and promotional materials are pre-approved and adhere to the standards set by Pump It Up to avoid potential conflicts or restrictions.