Can Pump It Up withhold consent for the use of Marks on the internet at their sole discretion?
Pump_It_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
You may not use the Marks in connection with any domain name, URL, email address, website, or social media platform (including usernames) without our prior written consent.
We may grant or withhold our consent in our sole discretion or may condition our consent on such requirements as we deem appropriate, including, among other things, that you obtain our prior written approval of: (1) any and all domain names and URLs related to the Franchised Business; (2) the proposed form and content (including any visible and non-visible content such as metatags) of any website or social media platform related to the Franchised Business; (3) your use of any hyperlinks or other links; (4) your use of any materials (including text, video clips, photographs, images and sound bites) in which any third party has an ownership interest; (5) we will be the primary administrator with primary administration rights for any social media platforms including but not limited to Facebook, X (Twitter), Yelp, Pinterest, Snapchat, TikTok, LinkedIn, and Instagram with respect to your Franchised Business; (6) to the extent required by a social media platform for us to have primary administration rights, you will identify us as the primary administrator with primary administration rights for any social media or digital marketing accounts that you use in conjunction with the Franchised Business; and (7) any proposed modification of your website or social media platforms.
We may designate the form and content of your website and social media platforms and/or require that any such website or platform be hosted or maintained by us or a third party designated by us, using one or more websites that we own and/or control.
In addition, we may require you to establish hyperlinks to our website or other website(s) designated by us.
We may charge you a fee for developing, reviewing, administering, and approving your website and/or social media platforms and/or for hosting or maintaining your website or other social media platforms.
Source: Item 23 — RECEIPTS (FDD pages 60–225)
What This Means (2025 FDD)
According to Pump It Up's 2025 Franchise Disclosure Document, franchisees must obtain prior written consent from Pump It Up to use the Marks in connection with any domain name, URL, email address, website, or social media platform. Pump It Up has the right to grant or withhold consent at their sole discretion. They may also place conditions on their consent as they deem appropriate.
Pump It Up may require prior written approval of domain names and URLs related to the franchised business, the proposed form and content of any website or social media platform, the use of hyperlinks or other links, and the use of any materials in which any third party has an ownership interest. Pump It Up will be the primary administrator with primary administration rights for any social media platforms including but not limited to Facebook, X (Twitter), Yelp, Pinterest, Snapchat, TikTok, LinkedIn, and Instagram with respect to the franchisee's Franchised Business. To the extent required by a social media platform for Pump It Up to have primary administration rights, the franchisee will identify Pump It Up as the primary administrator with primary administration rights for any social media or digital marketing accounts that the franchisee uses in conjunction with the Franchised Business, and any proposed modification of the franchisee's website or social media platforms.
Pump It Up may designate the form and content of the franchisee's website and social media platforms and/or require that any such website or platform be hosted or maintained by them or a third party designated by them, using one or more websites that they own and/or control. Pump It Up may also require the franchisee to establish hyperlinks to their website or other websites designated by them. Pump It Up may charge the franchisee a fee for developing, reviewing, administering, and approving the franchisee's website and/or social media platforms and/or for hosting or maintaining the franchisee's website or other social media platforms.
This level of control is common in franchising, as franchisors need to protect their brand identity and ensure consistent messaging across all franchise locations. Prospective Pump It Up franchisees should carefully consider these requirements and any associated costs when evaluating the franchise opportunity.