How can the Basecamp Fitness agreement be amended?
Basecamp_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
| limitation the dispute resolution provisions of the Agreement. | In consideration of the execution of the Area Development Agreement (the "Agreement") between BASECAMP FITNESS FRANCHISOR LLC ("we" or "us" or "our") and [INSERT LEGAL NAME OF DEVELOPER] (the "Developer"), dated, and for other good and valuable consideration, the undersigned, for themselves, their heirs, successors, and assigns, do jointly, individually and severally hereby become surety and guarantor for the payment of all amounts and the performance of the covenants, terms and conditions in the Agreement, to be paid, kept and performed by the Developer, including without |
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| identical terms and conditions of the Agreement. | Further, the undersigned, individually and jointly, hereby agree to be personally bound by each and every condition and term contained in the Agreement and agree that this Personal Guaranty will be construed as though the undersigned and each of them executed an Area Development Agreement containing the The undersigned waives: (1) notice of demand for payment of any indebtedness or nonperformance of any obligations hereby guaranteed; (2) protest and notice of default to any party respecting the indebtedness or nonperformance of any obligations hereby guaranteed; and (3) any right he/she may have to require that an action be brought against the Developer or any other person as a condition of liability; and (4) notice of any changes permitted by the terms of the Agreement or agreed to by the Developer. |
| Developer with or without the undersigned receiving notice thereof. | In addition, the undersigned consents and agrees that: (1) the undersigned's liability will be joint and several and will not be contingent or conditioned upon our pursuit of any remedies against the Developer or any other person; (2) such liability will not be diminished, relieved or otherwise affected by the Developer's insolvency, bankruptcy or reorganization, the invalidity, illegality or unenforceability of all or any part of the Agreement, or the amendment or extension of the Agreement with or without notice to the undersigned; and (3) this Personal Guaranty will apply in all modifications to the Agreement of any nature agreed to by It is further understood and agreed by the undersigned that the provisions, covenants and conditions of this Personal Guaranty will inure to the benefit of our successors and assigns. |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 51–55)
What This Means (2025 FDD)
According to Basecamp Fitness's 2025 Franchise Disclosure Document, the Personal Guaranty section outlines the process for modifications to the Area Development Agreement. It states that the Personal Guaranty will apply to all modifications of any nature agreed to by the Developer with or without the undersigned (guarantors) receiving notice.
This means that the Area Development Agreement can be amended through modifications agreed upon by the Developer (franchisee) and Basecamp Fitness. The personal guarantors, who are providing a guarantee for the franchisee's obligations, will be bound by these modifications, regardless of whether they receive direct notice of the changes. This is a standard practice in franchising where personal guarantees are involved, as it ensures that the guarantor remains responsible even if the agreement is altered.
For a prospective Basecamp Fitness franchisee, this implies that any changes made to the Area Development Agreement during its term will automatically extend to the personal guarantors. Therefore, it is crucial for guarantors to stay informed about any amendments to the agreement, even though they may not receive direct notification. This clause protects Basecamp Fitness by ensuring that the guarantee remains valid throughout the life of the agreement, regardless of any modifications. Franchisees should discuss this with any potential personal guarantors to ensure they understand the scope of their obligations.