For Basecamp Fitness franchises in Illinois, can a franchisee waive compliance with the Illinois Franchise Disclosure Act?
Basecamp_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
Notwithstanding anything to the contrary in the Basecamp Fitness Franchisor LLC Franchise Disclosure Document, the following provisions shall supersede any inconsistent provisions and apply to all Basecamp Fitness franchises offered and sold in the state of Illinois:
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- 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.
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- 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, franchisees in Illinois cannot waive compliance with the Illinois Franchise Disclosure Act. Specifically, any condition, stipulation, or provision that attempts to bind a person acquiring a Basecamp Fitness franchise to waive compliance with the Illinois Franchise Disclosure Act or any other law of Illinois is void.
This protection ensures that franchisees are not pressured into relinquishing their rights under Illinois law. It prevents Basecamp Fitness from including clauses in the franchise agreement that would force franchisees to waive their legal protections or rights to due process. This provision is designed to safeguard franchisees from potentially unfair or overreaching practices by the franchisor.
Furthermore, any statement, questionnaire, or acknowledgment signed by a Basecamp Fitness franchisee at the start of the franchise relationship cannot waive claims under any applicable state franchise law, including claims of fraud in the inducement. Nor can these documents disclaim reliance on statements made by Basecamp Fitness or anyone acting on its behalf. This ensures that franchisees retain their legal recourse and are not bound by agreements that undermine their rights under Illinois law.