What documents should a Basecamp Fitness franchisee rely on for representations concerning the franchise?
Basecamp_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
- E.
Disavowal of Oral Representations.
You and we acknowledge that we want all terms of our business relationship to be defined in this written agreement, and that neither of us wants to enter into a business relationship with the other in which any terms or obligations are subject to any oral statements or in which oral statements serve as the basis for creating rights or obligations different than or supplementary to the rights and obligations as set forth in this Agreement.
Therefore, you and we agree that this Agreement will supersede and cancel any prior and/or contemporaneous discussions between us.
We each agree that we placed, and will place, no reliance on any such discussions.
You agree that no representations have been made to you concerning this Agreement or the Basecamp Fitness franchise other than as contained in this Agreement and in the Franchise Disclosure Document you received before you signed this Agreement (the "FDD").
You agree that no claims, representations or warrantees of earnings, sales, profits, or success of your Basecamp Studio have been made to you other than as set forth in Item 19 of the FDD.
Source: Item 22 — CONTRACTS (FDD pages 61–62)
What This Means (2025 FDD)
According to Basecamp Fitness's 2025 Franchise Disclosure Document, a franchisee should primarily rely on the Franchise Agreement and the Franchise Disclosure Document (FDD) for representations concerning the franchise. Basecamp Fitness emphasizes that all terms of the business relationship are defined in the written agreement, superseding any prior discussions. This means that any promises, assurances, or understandings that are not explicitly written in the Franchise Agreement or the FDD are not binding on Basecamp Fitness.
Basecamp Fitness disavows any oral representations, ensuring that the written agreements contain all the obligations and rights of both parties. Franchisees acknowledge that they are not entering the business relationship based on any oral statements. This protects both the franchisee and Basecamp Fitness by ensuring clarity and preventing misunderstandings based on informal conversations or promises.
Specifically, franchisees agree that no representations have been made to them concerning the Basecamp Fitness franchise other than what is contained in the Franchise Agreement and the FDD. Furthermore, no claims, representations, or warranties of earnings, sales, profits, or success of the Basecamp Studio have been made, except as set forth in Item 19 of the FDD. This reinforces the importance of carefully reviewing these documents and understanding the disclosed information, especially regarding potential financial performance.
Prospective Basecamp Fitness franchisees should be aware that addenda to the Franchise Agreement may exist for franchisees in specific states such as California, Washington, Minnesota, Virginia and New York, and these addenda supersede conflicting provisions in the standard agreement. Therefore, it is crucial to review all documents, including any state-specific addenda, to have a complete understanding of the franchise terms and conditions.