Can a Basecamp Fitness customer claim a counterclaim against rent payments for any reason?

According to Basecamp Fitness's 2025 Franchise Disclosure Document, a customer's obligation to make payments is absolute and unconditional. The customer cannot subject payments to any abatement, reduction, setoff, defense, or counterclaim for any reason. This applies regardless of any malfunction, defect, or inability to use any item of equipment.

This clause strongly favors the Owner (likely the equipment lessor) by ensuring consistent payment regardless of issues the customer might face with the equipment. This is a significant point for a prospective Basecamp Fitness franchisee because it means they are still obligated to make payments even if equipment is faulty or unusable.

Such clauses are not uncommon in equipment leasing agreements, as lessors want to ensure a predictable income stream. However, franchisees should be aware of this strict obligation and carefully inspect and maintain equipment to minimize potential issues. It would be prudent for a potential Basecamp Fitness franchisee to seek legal counsel to fully understand the implications of this clause and explore options for equipment maintenance and insurance to mitigate risks associated with equipment failure.