Who owns the Marks and System used by Basecamp Fitness franchisees?
Basecamp_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
You agree that we own the Marks and the System. You also agree that any and all improvements and derivations by you relating to the Marks and System are our sole property and you hereby assign to us the same, together with the goodwill associated with the same. We will have the exclusive right to register and protect all such improvements and derivations of the Marks and the System.
Source: Item 22 — CONTRACTS (FDD pages 61–62)
What This Means (2025 FDD)
According to Basecamp Fitness's 2025 Franchise Disclosure Document, Basecamp Fitness Franchisor LLC owns the Marks and the System. The Marks include the trademarks, service marks, logos, and commercial symbols associated with Basecamp Fitness studios. The System encompasses the methods, procedures, standards, and specifications used to operate the studios.
Basecamp Fitness retains the exclusive right to register and protect any improvements or derivations to the Marks and System, even those made by franchisees. Franchisees are required to assign any such improvements to Basecamp Fitness, along with the associated goodwill. This ensures that Basecamp Fitness maintains control over its brand and operational standards.
As a franchisee, you can only use the Marks and System at your Franchised Location, and only as long as you comply with Basecamp Fitness's quality standards. Your right to use the Marks and System exists only during the term of the Franchise Agreement. You must use the Marks in the manner prescribed, directed, and approved by Basecamp Fitness in writing and in accordance with all applicable laws and regulations. Franchisees cannot authorize others to use or reproduce the Marks without prior written consent from Basecamp Fitness, and any goodwill resulting from the use of the Marks will benefit Basecamp Fitness exclusively.
Upon termination or expiration of the Franchise Agreement, franchisees must immediately cease using the Marks and System. This includes removing signage, altering the appearance of the premises to distinguish it from the Basecamp Fitness System, and discontinuing the use of any items containing the Marks. Continued use of the Marks after termination or expiration of the agreement without consent will be considered an "exceptional case" under federal trademark law, potentially leading to significant financial penalties.