What constitutes misuse of Basecamp Fitness marks?

According to Basecamp Fitness's 2025 Franchise Disclosure Document, several actions can be considered misuse of the brand's marks. The franchise agreement outlines that Basecamp Fitness has the right to protect its marks against encroachment, misuse, unauthorized use, and challenges to its rights. If Basecamp Fitness deems it necessary to modify or discontinue a mark, the franchisee must immediately adopt the changes at their own expense.

Specifically, a franchisee cannot use the words "Basecamp" or "Basecamp Fitness" in their entity's name. All advertising and marketing materials must have prior written approval from Basecamp Fitness and comply with their specifications. The franchisee must use the marks on all required items like signs, business cards, and uniforms in the manner prescribed by Basecamp Fitness. Failure to cease unauthorized use of the marks within 24 hours of notice from Basecamp Fitness can result in termination of the franchise agreement.

After termination or expiration of the franchise agreement, the franchisee must immediately cease representing themselves as a Basecamp Fitness franchisee and discontinue all use of confidential information, the marks, and related items. They must also modify their studio premises to distinguish it from the Basecamp Fitness system, including removing signage and altering the color scheme. Continued use of the marks after termination constitutes an "exceptional case" under federal trademark law, potentially leading to treble damages, costs, and attorneys' fees for Basecamp Fitness.

In essence, franchisees must adhere strictly to Basecamp Fitness's guidelines regarding the use of its marks, both during and after the franchise agreement, to avoid legal and financial repercussions.