What is the definition of 'Marks' in the context of a Basecamp Fitness franchise?
Basecamp_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
- A. We along with our predecessors have developed a system of operating boutique interval training fitness studios under the "Basecamp" and "Basecamp Fitness" service marks that offer short, high intensity guided workouts that combine strength, cardio and core training in a fast-paced, high-energy environment. We grant franchises to qualified candidates for the establishment and operation of these studios. We license our trademark rights in "Basecamp" and "Basecamp Fitness" and may in the future adopt, use and license additional or substitute trademarks, service marks, logos and commercial symbols in connection with the operation of Basecamp Fitness studios (collectively, the "Marks"). These studios use our methods, procedures, standards, specifications and the Marks, all of which we may improve, further develop or otherwise modify from time to time (all of which are collectively referred to as the "System").
Source: Item 22 — CONTRACTS (FDD pages 61–62)
What This Means (2025 FDD)
According to Basecamp Fitness's 2025 Franchise Disclosure Document, the term 'Marks' collectively refers to the trademarks, service marks, logos, and commercial symbols that Basecamp Fitness Franchisor LLC uses in connection with the operation of its fitness studios. These marks include, but are not limited to, "Basecamp" and "Basecamp Fitness".
Basecamp Fitness retains ownership of these Marks and any improvements or derivations made to them. As a franchisee, you are granted the right to use these Marks, but only at the franchised location and during the term of the franchise agreement, provided you comply with Basecamp Fitness's quality standards. This use must be in the manner prescribed, directed, and approved by Basecamp Fitness in writing and in accordance with all applicable laws and regulations.
Franchisees cannot acquire any rights in the Marks beyond the right of use as governed by the franchise agreement, and they cannot authorize others to use or reproduce the Marks without prior written consent from Basecamp Fitness. The goodwill resulting from the use of the Marks exclusively benefits Basecamp Fitness. If Basecamp Fitness determines that a franchisee's conduct infringes upon or demeans the goodwill, standards, or business standing associated with the Marks, the franchisee must modify their use of the Marks as directed by Basecamp Fitness in writing.