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Where in the Basecamp Fitness Franchise Agreement can I find information about the franchisee's covenants not to compete?

Basecamp_Fitness Franchise · 2025 FDD

Answer from 2025 FDD Document

    1. Section 17.B of the Franchise Agreement is amended by adding the following language at the end:

Covenants not to compete, such as those mentioned in this Section 17.B are generally considered unenforceable in the state of North Dakota.

The Franchise Agreement contains a covenant not to compete which extends beyond the termination of the franchise.

This provision may not be enforceable under California law.

Source: Item 22 — CONTRACTS (FDD pages 61–62)

What This Means (2025 FDD)

According to Basecamp Fitness's 2025 Franchise Disclosure Document, information regarding covenants not to compete can be found in Section 17.B of the Franchise Agreement. Specifically, the North Dakota Addendum to the Franchise Agreement addresses the enforceability of these covenants within that state.

For prospective Basecamp Fitness franchisees, it's important to understand the implications of non-compete clauses, as they can restrict your ability to engage in similar business activities during and after the franchise term. The enforceability of these clauses can vary significantly by state, as highlighted by the North Dakota addendum, which states that such covenants are generally considered unenforceable in North Dakota.

Furthermore, the California Addendum indicates that the Franchise Agreement contains a covenant not to compete that extends beyond the termination of the franchise, but this provision may not be enforceable under California law. This means that depending on the state where the franchise is located, the franchisee may or may not be bound by the non-compete agreement after the franchise agreement is terminated.

Therefore, it is crucial for potential Basecamp Fitness franchisees to carefully review Section 17.B of the Franchise Agreement, along with any state-specific addenda, and to seek legal counsel to fully understand the scope and enforceability of the non-compete provisions in their particular jurisdiction.

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.