factual

Can a Basecamp Fitness franchisee waive compliance with the Illinois Franchise Disclosure Act?

Basecamp_Fitness Franchise · 2025 FDD

Answer from 2025 FDD Document

    1. In conformance with section 41 of the Illinois Franchise Disclosure Act, any condition, stipulation or provision purporting to bind any person acquiring any franchise to waive compliance with the Illinois Franchise Disclosure Act or any other law of Illinois is void.
    1. No statement, questionnaire, or acknowledgment signed or agreed to by 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 the 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 22 — CONTRACTS (FDD pages 61–62)

What This Means (2025 FDD)

According to Basecamp Fitness's 2025 Franchise Disclosure Document, franchisees in Illinois cannot waive compliance with the Illinois Franchise Disclosure Act. The Illinois Addendum to the Franchise Agreement explicitly states that any provision that attempts to bind a person acquiring a Basecamp Fitness franchise to waive compliance with the Illinois Franchise Disclosure Act or any other Illinois law is void. This protection is in place to ensure that franchisees are not pressured into relinquishing their legal rights under Illinois law.

This provision is significant for prospective Basecamp Fitness franchisees in Illinois because it reinforces the protections afforded to them by state law. It prevents Basecamp Fitness from including clauses in the franchise agreement that might compel franchisees to unknowingly or unwillingly give up their rights. This ensures that franchisees can fully exercise their rights under the Illinois Franchise Disclosure Act without fear of contractual repercussions.

Furthermore, the addendum specifies that no statement, questionnaire, or acknowledgment signed by the franchisee can waive claims under any applicable state franchise law, including fraud in the inducement, or disclaim reliance on statements made by Basecamp Fitness. This reinforces the franchisee's ability to pursue legal remedies if they believe they have been misled or defrauded by Basecamp Fitness during the franchise sales process. This protection is crucial for maintaining transparency and fairness in the franchise relationship.

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.