Does the Basecamp Fitness owner have liability with respect to the testing 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 Basecamp Fitness's 2025 Franchise Disclosure Document, the franchisee, referred to as the "Customer," bears responsibility regarding the equipment. Basecamp Fitness, referred to as the "Owner," will not be held liable for the testing of the equipment. The Customer agrees to waive reliance on any statements or representations made by the Owner.
Basecamp Fitness explicitly states it has no liability for the selection, installation, testing, performance, quality, maintenance, or support of the equipment. The supplier is not considered an agent of Basecamp Fitness, and any representation by the supplier does not affect the Customer's duty to fulfill payment and obligations under the agreement.
This means a prospective Basecamp Fitness franchisee is responsible for ensuring the equipment is properly tested and meets their operational needs. They cannot hold Basecamp Fitness accountable for any issues arising from the equipment's testing or performance. It is crucial for the franchisee to conduct thorough due diligence and potentially seek independent expert advice to evaluate the equipment before entering into any agreements.