Besides the documents executed in connection with the agreement, what is the only other way agreements, understandings, restrictions, representations, or warranties can be added to the Basecamp Fitness agreement?
Basecamp_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Entire Agreement. This agreement is the only agreement between the parties concerning the subject matter hereof and supersedes all prior agreements, whether oral or written, relating hereto. No purported amendment, modification or waiver of any provision of this agreement shall be binding unless set forth in a written document signed by both HC and the Client (in the case of amendments or modifications) or by the party to be charged thereby (in the case of waivers). Notwithstanding the above, HC may amend the Fee Structure Schedule and the program details of any Fitness Incentive Program. In addition, Client understands that participation in any Fitness Incentive Program requires that the Client review and agree to the terms and conditions of that particular Fitness Incentive Program, which may vary between Fitness Incentive Program.
Source: Item 23 — RECEIPTS (FDD pages 62–248)
What This Means (2025 FDD)
According to Basecamp Fitness's 2025 Franchise Disclosure Document, the only way to amend, modify, or waive any provision of the Healthy Contributions agreement is through a written document. For amendments or modifications, both Healthy Contributions (HC) and the Client must sign the document. In the case of waivers, only the party being charged by the waiver needs to sign the written document.
This requirement for written agreements ensures clarity and prevents misunderstandings. It protects both Basecamp Fitness franchisees and HC by providing a clear record of any changes to the original agreement. This is a standard practice in franchising and business contracts, as it minimizes the risk of disputes based on verbal agreements or assumptions.
However, HC retains the right to amend the Fee Structure Schedule and program details of any Fitness Incentive Program. Additionally, participation in any Fitness Incentive Program requires the Client to review and agree to the terms and conditions of that particular Fitness Incentive Program, which may vary between Fitness Incentive Programs.