What is considered misuse of the Marks by a Basecamp Fitness franchisee?

According to Basecamp Fitness's 2025 Franchise Disclosure Document, a franchisee can be terminated without the opportunity to cure if they misuse or make any unauthorized use of the Marks and do not cease such misuse or unauthorized use within twenty-four (24) hours' notice from Basecamp Fitness.

Basecamp Fitness retains the right to protect and maintain all rights to the Marks against encroachment, misuse, or unauthorized use. If Basecamp Fitness deems it advisable to modify or discontinue any Mark, the franchisee must adopt the changes at their own expense upon written notice from Basecamp Fitness.

A franchisee's right to use the Marks applies only to the Franchised Location and exists only as long as the franchisee is in complete compliance with Basecamp Fitness's quality standards. The franchisee must use the Marks in the manner prescribed, directed, and approved by Basecamp Fitness in writing and in accordance with all applicable laws and regulations. The franchisee may not authorize others to use or reproduce Basecamp Fitness's Marks without prior written consent. If the franchisee's conduct infringes upon or demeans the goodwill, standards of uniformity or quality, or business standing associated with the Marks or the System, the franchisee must immediately modify their use of the Marks and the System in the manner prescribed by Basecamp Fitness in writing upon written notice from Basecamp Fitness.

Upon termination of the Franchise Agreement, the franchisee must immediately and permanently cease to use the Marks and distinctive forms, slogans, signs, symbols, logos, and devices associated with the System. The franchisee must also authorize Basecamp Fitness to physically remove any signage bearing any of the Marks. Continued use of the Marks after termination will constitute an "exceptional case" under federal trademark law, entitling Basecamp Fitness to recover treble damages, costs, and attorneys' fees.