What effect do statements, questionnaires, or acknowledgments signed by a Basecamp Fitness franchisee at the start of the franchise relationship NOT have, according to the FDD?
Basecamp_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Franchise Questionnaires and Acknowledgements No statement, questionnaire, or acknowledgment signed or agreed to by a franchisee in connection with the commencement of the franchise relationship shall have the effect of (i) waiving any claims under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on any statement made by any franchisor, franchise seller, or other person acting on behalf of the franchisor. This provision supersedes any other term of any document executed in connection with the franchise.
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, specifically Item 17, any statement, questionnaire, or acknowledgment signed by a franchisee at the commencement of the franchise relationship will not have the effect of waiving claims under any applicable state franchise law. This includes claims related to fraud in the inducement. Furthermore, these documents cannot disclaim reliance on any statement made by Basecamp Fitness, its franchise sellers, or anyone acting on their behalf. This provision takes precedence over any other conflicting terms in any document associated with the franchise agreement.
This means that even if a franchisee signs a document that appears to waive certain rights or acknowledges reliance on specific information, those waivers or disclaimers are not legally binding regarding state franchise law or statements made by the franchisor. This protection is particularly important for franchisees who may feel pressured to sign documents without fully understanding their implications or who may have relied on misleading information provided by the franchisor.
Several state-specific addenda reinforce this protection. For example, addenda for Illinois, Virginia, Maryland, and Minnesota reiterate that no statement, questionnaire, or acknowledgment can waive claims under state franchise law or disclaim reliance on franchisor statements. These addenda highlight the importance of franchisees understanding their rights and the limitations of waivers or disclaimers they may be asked to sign. The Washington Addendum also states that the Washington Franchise Investment Protection Act will prevail in the event of conflict of laws.
In summary, Basecamp Fitness franchisees are protected from inadvertently waiving their rights under state franchise laws or disclaiming reliance on statements made by the franchisor through standard documents signed at the start of the franchise relationship. This ensures that franchisees retain the ability to pursue legal claims if they believe they have been defrauded or misled, regardless of any initial agreements to the contrary.