Does the Basecamp Fitness owner have liability with respect to the testing 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 the 2025 Basecamp Fitness Franchise Disclosure Document, the franchisee, referred to as the Customer, assumes responsibility related to the equipment. Specifically, the agreement states that the Owner (lessor) will not be liable for the testing of the equipment.
This means that as a Basecamp Fitness franchisee, you are responsible for ensuring the equipment's proper selection, installation, testing, performance, quality, maintenance, and support. You cannot depend on the Owner (lessor) for any statements or representations regarding the equipment.
This arrangement is common in equipment leasing, where the lessee (franchisee) typically bears the responsibility for the equipment's suitability and performance. The franchisee should conduct thorough due diligence when selecting equipment and ensure it meets their operational needs and safety standards. It is important to note that the supplier of the equipment is not an agent of the Owner, and any representation by the supplier does not affect the franchisee's duty to pay rental payments and fulfill their obligations under the agreement.