factual

What is a Basecamp Fitness customer required to permit ProVision to access?

Basecamp_Fitness Franchise · 2025 FDD

Answer from 2025 FDD Document

  • a. Term. The term of this Agreement shall in conjunction with Customer's Franchise Agreement executed between itself and Basecamp Fitness Franchisor LLC to operate a Basecamp Fitness Studio at the Facility ("Franchise Agreement").
  • b. Termination. This Agreement may be terminated by a written agreement executed by the parties. In addition, the Agreement will terminate automatically without further notice in the event that the Franchise Agreement between Customer and Basecamp Fitness Franchisor LLC is terminated or expires. Notwithstanding the foregoing, ProVision reserves the right, in its sole discretion and without prior notice, at any time, to suspend Customer's access to or use of the Server, Services or any portion thereof, in the event ProVision believes or has reason to believe that Customer is in violation or may be violating any term or condition of this Agreement. In the event of suspension of Services, ProVision shall thereafter provide prompt written notice to Customer of the suspension of Services and the reasons therefore. In addition, in the event that ProVision's license to or right to distribute the Proprietary Software is terminated for any reason, any license granted to Customer for use of the Proprietary Software shall automatically terminate. ProVision shall provide Customer with written notice of such termination. ProVision will use good-faith efforts to procure a substitute license for similar software including, without limitation, web-based software, within a period of thirty (30) days after termination. However, ProVision makes no representation or warranty as to the continued availability of the Proprietary Software and will have no liability whatsoever to Customer in such a termination event.

Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 51–55)

What This Means (2025 FDD)

Based on the 2025 Basecamp Fitness Franchise Disclosure Document, the agreement between the customer (franchisee) and ProVision is tied to the Franchise Agreement. Specifically, the term of the agreement between ProVision and the franchisee is linked to the Franchise Agreement executed between the franchisee and Basecamp Fitness Franchisor LLC. This agreement allows the franchisee to operate a Basecamp Fitness Studio. If the Franchise Agreement is terminated or expires, the agreement with ProVision also terminates automatically.

ProVision also has the right to suspend the franchisee's access to or use of the Server, Services, or any portion thereof if ProVision believes the franchisee is violating the agreement. If ProVision's license to distribute the Proprietary Software is terminated, the franchisee's license to use that software also terminates automatically.

In practical terms, this means a Basecamp Fitness franchisee's ability to use ProVision's services is contingent upon maintaining a valid Franchise Agreement with Basecamp Fitness and adhering to the terms of the agreement with ProVision. Termination of the Franchise Agreement or violation of the ProVision agreement can result in loss of access to essential services and software necessary for operating the Basecamp Fitness studio.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.