Does the Basecamp Fitness owner have liability with respect to the quality of the equipment?

According to Basecamp Fitness's 2025 Franchise Disclosure Document, the franchisee (referred to as 'Customer' in the context of equipment agreements) bears significant responsibility regarding the equipment. Basecamp Fitness, referred to as 'Owner', explicitly disclaims liability for various aspects of the equipment. Specifically, the 'Owner' has no liability for the installation or performance of the equipment, nor for performing any services related to it. This extends to the selection, installation, testing, performance, quality, maintenance, or support of the equipment.

This means a Basecamp Fitness franchisee cannot hold the 'Owner' liable for issues arising from the equipment's quality or performance. The franchisee is expected to conduct their own due diligence in selecting and maintaining the equipment, and they cannot rely on any representations made by the supplier, who is explicitly stated not to be an agent of the 'Owner'.

Furthermore, the franchisee ('Customer') agrees to indemnify, defend, and hold harmless the 'Owner' from any claims, demands, actions, suits, proceedings, costs, expenses, damages, and liabilities (including attorneys' fees) arising out of, connected with, or resulting from the delivery, possession, use, operation, maintenance, repair, or return of the equipment. This obligation survives the expiration or termination of any rental term or the agreement itself, reinforcing the franchisee's long-term responsibility. The franchisee is also responsible for insuring the equipment against property damage and/or loss, naming Geneva Capital, LLC and its Assigns as Loss Payee and Additional Insured on their insurance policies.