What is the customer's sole remedy if ProVision breaches its warranties related to Basecamp Fitness?
Basecamp_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
ProVision warrants to Customer that: (i) ProVision has the right and authority to enter into and perform its obligations under this Agreement; and (ii) ProVision shall perform the Services in a commercially reasonable manner. Customer's sole remedy in the event of breach of this warranty will be to terminate the Agreement pursuant to Section 8.
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 51–55)
What This Means (2025 FDD)
According to Basecamp Fitness's 2025 Franchise Disclosure Document, if ProVision breaches its warranties to the customer, the customer's sole remedy is to terminate the agreement as described in Section 8. ProVision warrants that it has the right to enter into the agreement and will perform services in a commercially reasonable manner.
This means that if ProVision fails to meet these warranty conditions, the Basecamp Fitness franchisee's only recourse is to end the agreement. They cannot seek monetary damages or other forms of compensation for the breach of warranty. This is a significant limitation of liability for ProVision.
Franchisees should carefully consider this limitation and its potential impact on their business. Terminating the agreement may not fully compensate for losses incurred due to ProVision's breach, and the franchisee may need to find alternative service providers, potentially disrupting their operations. It is important for prospective franchisees to fully understand the implications of this limited remedy and to assess the risk associated with relying on ProVision's warranties.