Can ProVision assign the Basecamp Fitness agreement without the customer's consent?
Basecamp_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
- b. Assignment.
Customer may not assign any of its rights, duties or obligations under this Agreement to any person or entity, in whole or in part, and any attempt to do so shall be deemed void and/or a material breach of this Agreement.
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 51–55)
What This Means (2025 FDD)
According to the 2025 Basecamp Fitness FDD, the agreement in question pertains to the agreement between the customer (franchisee) and ProVision. The FDD states that the customer (franchisee) is restricted from assigning their rights, duties, or obligations under the agreement to any other party without it being considered void or a breach of contract.
The document does not explicitly state whether ProVision can assign the agreement without the customer's consent. The FDD excerpt focuses on the franchisee's limitations regarding assignment, but it does not address ProVision's ability to assign the agreement.
Therefore, a prospective Basecamp Fitness franchisee should seek clarification from the franchisor regarding ProVision's rights to assign the agreement. Specifically, the franchisee should inquire about any conditions or limitations on ProVision's ability to assign the agreement and whether franchisee consent is required for such assignments. This information is crucial for understanding the full scope of the agreement and potential changes in the business relationship.