What access to facilities is a Basecamp Fitness customer required to permit ProVision?
Basecamp_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
- a. Term. The term of this Agreement shall in conjunction with Customer's Franchise Agreement executed between itself and Basecamp Fitness Franchisor LLC to operate a Basecamp Fitness Studio at the Facility ("Franchise Agreement").
- b. Termination. This Agreement may be terminated by a written agreement executed by the parties. In addition, the Agreement will terminate automatically without further notice in the event that the Franchise Agreement between Customer and Basecamp Fitness Franchisor LLC is terminated or expires. Notwithstanding the foregoing, ProVision reserves the right, in its sole discretion and without prior notice, at any time, to suspend Customer's access to or use of the Server, Services or any portion thereof, in the event ProVision believes or has reason to believe that Customer is in violation or may be violating any term or condition of this Agreement. In the event of suspension of Services, ProVision shall thereafter provide prompt written notice to Customer of the suspension of Services and the reasons therefore. In addition, in the event that ProVision's license to or right to distribute the Proprietary Software is terminated for any reason, any license granted to Customer for use of the Proprietary Software shall automatically terminate. ProVision shall provide Customer with written notice of such termination. ProVision will use good-faith efforts to procure a substitute license for similar software including, without limitation, web-based software, within a period of thirty (30) days after termination. However, ProVision makes no representation or warranty as to the continued availability of the Proprietary Software and will have no liability whatsoever to Customer in such a termination event.
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 51–55)
What This Means (2025 FDD)
Based on the 2025 Basecamp Fitness Franchise Disclosure Document, the agreement between the franchisee (referred to as "Customer" in this context) and ProVision is tied to the franchisee's own Franchise Agreement with Basecamp Fitness. Specifically, the term of the ProVision agreement runs in conjunction with the franchisee's agreement to operate a Basecamp Fitness studio at their facility. This means that the ProVision agreement is directly linked to the franchisee's right to operate a Basecamp Fitness studio.
According to the 2025 FDD, the agreement with ProVision automatically terminates if the Franchise Agreement between the franchisee and Basecamp Fitness is terminated or expires. However, ProVision retains the right to suspend the franchisee's access to ProVision's services if they believe the franchisee is violating the terms of their agreement. If ProVision's license to distribute its software is terminated, the franchisee's license to use that software also ends.
In practical terms, a Basecamp Fitness franchisee's access to ProVision's services is contingent upon maintaining a valid Franchise Agreement with Basecamp Fitness. Any loss of the franchise rights will also terminate the franchisee's access to ProVision's software and services. This dependency highlights the importance of adhering to the terms of the Franchise Agreement to ensure continued access to essential operational tools provided by ProVision.