Is the franchisee required to answer all questions in the Basecamp Fitness Franchise Disclosure Document receipt?
Basecamp_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
nt Agreement has been completely discharged, whichever first occurs. The Guarantor is not discharged from liability if a claim by a franchisee against the Franchisor remains outstanding. Notice of acceptance is waived. The Guarantor does not waive receipt of notice of default on the part of the Franchisor. This guarantee is binding on the Guarantor and its successors and assigns.
The Guarantor signs this guarantee at Woodbury, Minnesota, on the 28th day of March 2025.
GUARANTOR:
SEB FRANCHISING GUARANTOR LLC
James Goniea Its: Secretary
EXHIBIT K FRANCHISEE QUESTIONNAIRE
FRANCHISEE QUESTIONNAIRE – EXISTING FRANCHISEES
If you are a resident of the State of California or your franchise is located in California you are not required to sign this Questionnaire. If any California franchisee completes this Questionnaire, it is against California public policy and will be void and unenforceable, and we will destroy, disregard, and will not rely on such Questionnaire.
Do not sign this Questionnaire if you are a resident of Hawaii, Maryland, or Washington or if the franchise is to be operated in Hawaii, Maryland, or Washington. If signed or otherwise completed, this Questionnaire will not apply to any Hawaii, Maryland, or Washington franchisee.
As you know, Basecamp Fitness Franchisor LLC (the "Franchisor") and you are preparing to enter into a Franchise Agreement and/or Area Development Agreement for the operation of a franchised Basecamp® Fitness business (the "Franchise"). Please review each of the following questions carefully and provide honest responses to each question.
| QUESTION | YES | NO |
|---|---|---|
| 1. Have you received and personally reviewed the Franchise Disclosure Document | ||
| provided to you? | ||
| 2. Did you sign a receipt (Item 23) for the Franchise Disclosure Document indicating | ||
| the date you received it? | ||
| 3. Have you received and personally reviewed the Franchise Agreement and/or Area | ||
| Development Agreement and each exhibit or schedule attached to it? | ||
| 4. Are you legally eligible to work or own a business in the United States and/or | ||
| Canada, including the state or province in which the Franchise will be located? | ||
| 5. Has any employee or other person speaking on behalf of the Franchisor made any | ||
| statement or representation regarding the actual, average or projected | ||
| memberships, revenues, or profits that you, Franchisor, or any of our franchisees | ||
| have achieved in operating the Franchise, other than what is contained in the | ||
| Franchise DisclosureDocument? | ||
| 6. Has any employee or other person speaking on behalf of the Franchisor made any | ||
| promise or agreement, other than those matters addressed in your Franchise | ||
| Agreement, concerning advertising, marketing, media support, market | ||
| penetration, training, support service or assistance or any other material subject | ||
| relating to the Franchise that is contrary to, or different from, the information | ||
| contained inthe Franchise Disclosure Document? | ||
| 7. Has any employee or other person speaking on behalf of the Franchisor made any | ||
| other oral, written, visual or other promises, agreements, commitments, | ||
| understandings, rights-of-first refusal or otherwise to you with respect to any matter, | ||
| except as expressly set forth in the Franchise Agreement and/or Area Development | ||
| Agreement or in an attached written Amendment signed by you and us? | ||
| 8. Are you legally eligible to travel to and attend New Franchisee Training at one of our | ||
| designated training centers in the United States? If you answer “no”, please provide | ||
| an explanation here: | ||
| _____________________________________________________________________ | ||
| _____________________________________________________________________ | ||
| 9. Are you currently involved in any other businesses/franchises that may interfere with | ||
| the non-compete obligations outlined in the Basecamp Fitness Franchise | ||
| Agreement, or any other agreements you may have with other | ||
| businesses/franchises? If yes, please describe the businesses/franchises here: | ||
| _____________________________________________________________________ | ||
| _____________________________________________________________________ | ||
| _____________________________________________________________________ | ||
| 10. Are there any contingencies, prerequisites, or other reservations existing (excluding | ||
| obtaining financing for equipment or build-out of your Basecamp Fitness Studio) that | ||
| will affect your ability to sign or perform your obligations under the Franchise | ||
| Agreement and/or Area Development Agreement? | ||
| 11. Have there been any changes in any of the information you have provided to us or | ||
| our affiliates in connection with any application for the Franchise, or in any | ||
| application, statement or report you have provided to us? If yes, please describe the | ||
| changes here: | ||
| _____________________________________________________________________ | ||
| _____________________________________________________________________ | ||
| _____________________________________________________________________ | ||
| 12. Have you been proven to have engaged in fraudulent conduct, or been convicted of, | ||
| or plead guilty or no contest to, a felony or misdemeanor involving dishonesty or | ||
| fraudulent conduct, or do you have any such charges pending? If yes, please | ||
| describe all relevant facts here: | ||
| _____________________________________________________________________ | ||
| _____________________________________________________________________ | ||
| _____________________________________________________________________ | ||
| 13. Have you, in the past 10 years, declared bankruptcy, or taken any action, or had | ||
| any action taken against you, under any insolvency, bankruptcy, or reorganization | ||
| act? If yes, please describe all relevant facts here: | ||
| _____________________________________________________________________ | ||
| _____________________________________________________________________ | ||
| _____________________________________________________________________ | ||
| 14. Have you brought, been named in, or been directly involved in any past or pending | ||
| litigation or formal dispute resolution process? If yes, please describe all relevant | ||
| facts here: | ||
| _____________________________________________________________________ | ||
| _____________________________________________________________________ | ||
| _____________________________________________________________________ | ||
| 15. Is there any information that might appear on a credit or criminal history report that | ||
| you wish to disclose and/or address, knowing that failure to disclose such | ||
| information may be considered grounds for denial of a franchise? If yes, please | ||
| describe all relevant facts here: | ||
| _____________________________________________________________________ | ||
| _____________________________________________________________________ | ||
| _____________________________________________________________________ | ||
| Please insert the date on which you received a copy of the Franchise Agreement with all material | ||
| blanks fully completed: | ||
| ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ | --------------------- | |
| Please insert the date on which you received a copy of the Area Development Agreement with all material | ||
| blanks fully completed: | ||
| You understand that your answers are important to us and that we will rely on them. By signing this | ||
| Questionnaire, you are representing that you have responded truthfully, completely and correctly to the above | ||
| questions. No representations contained herein are intended to or will act as a release, estoppel or waiver of | ||
| any liability incurred under any applicable franchise law. |
Source: Item 23 — RECEIPTS (FDD pages 62–248)
What This Means (2025 FDD)
According to Basecamp Fitness's 2025 Franchise Disclosure Document, prospective franchisees are generally expected to answer all questions in the Franchisee Questionnaire, but there are exceptions based on their location. Specifically, if a prospective franchisee is a resident of California, or if the franchise is located in California, they are not required to sign the questionnaire. If a California franchisee completes the questionnaire, it is against California public policy and will be void and unenforceable. Basecamp Fitness will destroy, disregard, and not rely on such a questionnaire.
Additionally, the FDD states that individuals who are residents of Hawaii, Maryland, or Washington, or if the franchise is to be operated in those states, should not sign the questionnaire. If the questionnaire is signed or completed by someone in those states, it will not apply to any franchisee in Hawaii, Maryland, or Washington.
For prospective franchisees outside of California, Hawaii, Maryland, and Washington, the questionnaire includes a series of questions covering topics such as receipt and review of the Franchise Disclosure Document and Franchise Agreement, legal eligibility to work or own a business in the United States and/or Canada, any representations made by the franchisor, any existing contingencies or reservations, involvement in other businesses, and any past or pending litigation or financial issues. The questionnaire also includes a section for the franchisee to insert the date on which they received a copy of the Franchise Agreement and Area Development Agreement with all material blanks fully completed. The document emphasizes that the franchisee's answers are important and that Basecamp Fitness will rely on them. By signing the questionnaire, the franchisee represents that they have responded truthfully, completely, and correctly to all questions.