Does the Basecamp Fitness owner have liability for the performance of the equipment?
Basecamp_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
AND DISCLAIM ANY RELIANCE UPON ANY STATEMENTS OR REPRESENTATIONS MADE BY OWNER. OWNER SHALL HAVE NO LIABILITY FOR THE INSTALLATION OR PERFORMANCE OF THE EQUIPMENT OR TO PERFORM ANY SERVICES, OR WITH RESPECT TO THE SELECTION, INSTALLATION, TESTING, PERFORMANCE, QUALITY, MAINTENANCE, OR SUPPORT OF THE EQUIPMENT. THE SUPPLIER IS NOT AN AGENT OF OWNER'S AND NO REPRESENTATION BY SUPPLIER SHALL IN ANY WAY AFFECT CUSTOMER'S DUTY TO PAY THE RENTAL PAYMENTS AND PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT.
Source: Item 23 — RECEIPTS (FDD pages 62–248)
What This Means (2025 FDD)
According to the 2025 Basecamp Fitness Franchise Disclosure Document, the owner (franchisee) does not have liability for the performance of the equipment. The FDD states that Basecamp Fitness "SHALL HAVE NO LIABILITY FOR THE INSTALLATION OR PERFORMANCE OF THE EQUIPMENT OR TO PERFORM ANY SERVICES, OR WITH RESPECT TO THE SELECTION, INSTALLATION, TESTING, PERFORMANCE, QUALITY, MAINTENANCE, OR SUPPORT OF THE EQUIPMENT."
This means that if the equipment in the Basecamp Fitness studio malfunctions or does not perform as expected, the franchisee cannot hold Basecamp Fitness liable. The franchisee is responsible for the risk of loss, destruction, or damage to the equipment, as stated in the FDD. The franchisee is also responsible for maintaining insurance coverage on the equipment.
This could be a significant risk for a prospective Basecamp Fitness franchisee. If the equipment is essential to the operation of the business, any performance issues could negatively impact the franchisee's revenue and profitability. It is important for prospective franchisees to carefully consider this risk before investing in a Basecamp Fitness franchise and to conduct their own due diligence on the equipment and its potential performance issues.