How must notices be delivered to be considered valid under the Basecamp Fitness agreement?
Basecamp_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
(ix) you fail to comply with any other provision of this Agreement, or your or any of your affiliates fail to comply with any other agreement you or they have with us or our affiliates and do not correct the failure within thirty (30) days after written notice of that failure is delivered to the breaching party (except that if the failure to comply is the third failure to comply with any provision of any agreement that you or any of your affiliates have with us or an affiliate of ours within any twelve (12) consecutive month period, then we need not provide any opportunity to cure the default); or (x) we have delivered to you or any of your affiliates a notice of termination of a Franchise Agreement in accordance with its terms and conditions.
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 51–55)
What This Means (2025 FDD)
Based on the 2025 Basecamp Fitness Franchise Disclosure Document, a franchisee or their affiliates must receive written notice of failure to comply with any agreement they have with Basecamp Fitness or its affiliates. To avoid termination, the franchisee typically has 30 days after receiving this written notice to correct the failure.
However, there's a notable exception: if this is the third instance of non-compliance with any agreement within a 12-month period, Basecamp Fitness is not obligated to provide an opportunity to cure the default. This means that repeated failures to comply, even if corrected in isolation, can lead to immediate termination without a chance to rectify the situation.
This policy underscores the importance of maintaining consistent compliance with all agreements. For a prospective Basecamp Fitness franchisee, this highlights the need for meticulous record-keeping and proactive management to ensure all obligations are met to avoid repeated instances of non-compliance that could lead to termination.