Does the Basecamp Fitness owner have liability with respect to the quality of the equipment for a Basecamp Fitness franchise?
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 Basecamp Fitness's 2025 Franchise Disclosure Document, the franchisee, referred to as the Customer, acknowledges that the Owner (lessor) purchases the equipment at the Customer's direction. The Owner retains sole ownership and title to the equipment.
The document explicitly states that the Owner bears no liability for the equipment's installation, performance, or any related services. This includes aspects such as selection, installation, testing, quality, maintenance, or support. The franchisee, as the Customer, is responsible for ensuring the equipment remains personal property and taking necessary actions to prevent third parties from acquiring any interest in it.
This arrangement means that while Basecamp Fitness franchisees may direct the choice of equipment, they assume responsibility for its performance and quality once it is installed. Any issues related to the equipment must be addressed independently by the franchisee, without recourse to the Owner. This could involve direct engagement with the equipment supplier or assuming the costs of maintenance and repairs.