Is the license granted by a Basecamp Fitness customer to ProVision for Customer Content exclusive?
Basecamp_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
2. Licenses, Access and Proprietary Rights
- a. License of Customer Content. Customer grants to ProVision, and ProVision accepts from Customer, a non-exclusive, worldwide and royalty free license to copy, display, use and transmit on and via the Internet the Customer Content in connection with ProVision's performance or enforcement of this Agreement.
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 51–55)
What This Means (2025 FDD)
According to the 2025 Basecamp Fitness Franchise Disclosure Document, the license a customer grants to ProVision for Customer Content is non-exclusive. Specifically, the customer provides ProVision with a "non-exclusive, worldwide and royalty free license to copy, display, use and transmit on and via the Internet the Customer Content in connection with ProVision's performance or enforcement" of their agreement.
This means that Basecamp Fitness franchisees retain the right to use their content in any way they see fit, and to license it to others. ProVision's rights to the content are not exclusive, so the franchisee is not restricted from using the content for their own marketing or business purposes, or from allowing others to use it as well.
This arrangement is typical in franchise agreements, where the franchisee usually retains ownership and control over their own business operations and marketing efforts, while still allowing the franchisor or its vendors to utilize content for specific purposes. The non-exclusive nature of the license provides flexibility for the franchisee and ensures they are not unduly restricted in how they use their own content.