Can a Basecamp Fitness franchisee make changes to the Marks or System without written direction from Basecamp Fitness?
Basecamp_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
- C. Use. Your right to use and identify with the Marks and System applies only to the Franchised Location, and exists concurrently with the term of this Agreement and only so long as you are in complete compliance with our quality standards. You will have the right to use the Marks and System only in the manner prescribed, directed and approved by us in writing and in accordance with all applicable laws and regulations pertaining to advertising and marketing, including, without limitation, federal and state laws pertaining to telemarketing (including the Telephone Consumer Protection Act), false advertising, unfair competition and unfair practices. You will not have or acquire any rights in any of the Marks or System other than the right of use as governed by this Agreement. You may not authorize others to use or reproduce our Marks without our prior written consent. Your use of the Marks and any resulting goodwill will be to our exclusive benefit. If, in our judgment, your conduct infringes upon or demeans the goodwill, standards of uniformity or quality, or business standing associated with the Marks or the System, you will immediately, upon written notice from us, modify your use of the Marks and the System in the manner prescribed by us in writing. You will not during or after the term of this Agreement do anything directly or indirectly which would disparage, infringe upon, harm, or contest our rights in, the Marks or System.
Source: Item 22 — CONTRACTS (FDD pages 61–62)
What This Means (2025 FDD)
According to the 2025 Basecamp Fitness Franchise Disclosure Document, franchisees are not allowed to make changes to the Marks or System without written direction from Basecamp Fitness. The FDD states that the franchisee's right to use and identify with the Marks and System applies only to the Franchised Location and exists only as long as the franchisee is in complete compliance with Basecamp Fitness's quality standards. Franchisees can only use the Marks and System in the manner prescribed, directed, and approved by Basecamp Fitness in writing.
Basecamp Fitness retains ownership of the Marks and the System, including any improvements or derivations made by the franchisee. These improvements automatically become the property of Basecamp Fitness. The franchisee's use of the Marks and any resulting goodwill will exclusively benefit Basecamp Fitness. If Basecamp Fitness determines that a franchisee's conduct infringes upon or demeans the goodwill, standards of uniformity or quality, or business standing associated with the Marks or the System, the franchisee must immediately modify their use of the Marks and the System as prescribed by Basecamp Fitness in writing.
This requirement ensures brand consistency and quality control across all Basecamp Fitness locations. It protects the integrity of the brand and the System, preventing franchisees from making unauthorized changes that could negatively impact the brand's reputation or customer experience. Franchisees must adhere to the guidelines and specifications provided by Basecamp Fitness to maintain uniformity and uphold the standards of the franchise system. This also means that Basecamp Fitness has the right to modify or discontinue the use of any Mark, and franchisees must adopt these changes at their own expense upon written notice from Basecamp Fitness.