factual

Does ProVision disclaim any implied warranties beyond those expressly stated in the agreement for Basecamp Fitness?

Basecamp_Fitness Franchise · 2025 FDD

Answer from 2025 FDD Document

  • c. Disclaimer of Warranty. EXCEPT AS EXPRESSLY STATED AT SECTION 5(a), PROVISION MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, CONCERNING ANY SUBJECT MATTER OF THIS AGREEMENT. PROVISION EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE SERVICES OR PROVISION MATERIALS WILL MEET CUSTOMER'S RE

Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 51–55)

What This Means (2025 FDD)

According to Basecamp Fitness's 2025 Franchise Disclosure Document, ProVision, in its agreement with the franchisee, provides a disclaimer of warranty. While ProVision warrants that it has the authority to enter the agreement and will perform services in a commercially reasonable manner, it explicitly disclaims all other warranties.

Specifically, ProVision disclaims any implied warranties of non-infringement, merchantability, and/or fitness for a particular purpose concerning any subject matter of the agreement. This means that beyond the express warranties provided, the franchisee cannot hold ProVision liable for any implied guarantees about the quality, suitability, or legality of the services or materials provided.

This disclaimer is a significant consideration for a prospective Basecamp Fitness franchisee. It limits the franchisee's legal recourse against ProVision to only the explicitly stated warranties. Should the services or materials provided by ProVision not meet the franchisee's expectations or specific needs, or if they infringe on any third-party rights, the franchisee may not have grounds for a claim against ProVision, provided ProVision has met its obligations under the express warranties.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.