Does the Basecamp Fitness owner have liability with respect to the performance of any services for the Basecamp Fitness customer?
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 equipment owner has no liability for the performance of any services. The customer is prohibited from relying on any statements or representations made by the owner. The owner is not liable for the installation or performance of the equipment, or for performing any services related to the equipment. This also includes the selection, installation, testing, performance, quality, maintenance, or support of the equipment.
This means that if a customer has issues with the fitness equipment or the services provided using that equipment, they cannot hold the equipment owner liable. The customer's recourse would likely be against Basecamp Fitness itself or the equipment supplier, depending on the nature of the issue. This clause protects the equipment owner from being drawn into disputes arising from the operation of the fitness studio.
This type of clause is common in equipment leasing agreements to ensure that the financial entity that owns the equipment is not held responsible for the operational aspects of the business using the equipment. It is important for a prospective Basecamp Fitness franchisee to understand this allocation of liability, as it clarifies who is responsible for different aspects of the business and where the customer should direct any complaints or claims.