Can Basecamp Fitness change its marks and require franchisees to adopt new marks?
Basecamp_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
We may change our Marks and require you to adopt new Marks as if they were part of the Franchise Agreement at the time of its execution. You must comply with these changes immediately at your expense after we notify you that we have discontinued, modified or changed one or more of our Marks. We will have no liability or obligation because of the discontinuation, modification or change. You must not directly or indirectly contest the validity of our ownership of the Marks or our right to use or license our Marks, trade secrets, confidential information or business techniques that are part of our business. You must use the designations of ®, ™, and SM in advertising and promotions using our Marks.
Source: Item 13 — TRADEMARKS (FDD pages 48–50)
What This Means (2025 FDD)
According to Basecamp Fitness's 2025 Franchise Disclosure Document, Basecamp Fitness has the right to change its marks and require franchisees to adopt these new marks. Franchisees must comply with these changes immediately and at their own expense after receiving notification that Basecamp Fitness has discontinued, modified, or changed one or more of its marks. Basecamp Fitness assumes no liability or obligation due to these changes.
This means that a prospective Basecamp Fitness franchisee needs to be aware that the branding and trademarks they initially invest in could change during the term of their franchise agreement. The franchisee will bear the full financial burden of implementing these changes, which could include updating signage, marketing materials, and other branded items. This is a potentially significant cost that franchisees must factor into their financial planning.
While it is not uncommon for franchisors to update branding over time to stay relevant, the FDD highlights that Basecamp Fitness is not liable for any costs associated with these changes. This shifts the financial risk entirely to the franchisee. Additionally, franchisees are prohibited from contesting the validity of Basecamp Fitness's ownership of the marks. Franchisees must also use the designations of ®, ™, and SM in advertising and promotions using Basecamp Fitness's Marks.
Prospective franchisees should carefully consider the potential costs and implications of rebranding when evaluating a Basecamp Fitness franchise. It would be prudent to inquire about the frequency of brand updates and seek clarification on the types of changes that might be required, as well as the estimated costs associated with such changes.