Is ProVision liable to Basecamp Fitness customers for loss, damage, or destruction of any customer content?
Basecamp_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
- a*. Site Storage and Security*. At all times, Customer shall bear full risk of loss and damage to the Site and all Customer Content. Customer shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Customer Content; (ii) maintain independent archival and backup copies of the Site and all Customer Content; (iii) ensure the security, confidentiality and integrity of all Customer Content transmitted through or stored on the Server; and (iv) ensure the confidentiality of Customer's password. The Server, ProVision and Services are not an archive and ProVision shall have no liability to Customer or any other person for loss, damage or destruction of any Customer Content. If Customer's password is lost, stolen or otherwise compromised, Customer shall promptly notify ProVision, whereupon ProVision shall suspend access to the Services by use of such password and issue a replacement password to Customer's authorized representative.
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 bears no liability to the Basecamp Fitness customer or any other person for loss, damage, or destruction of any customer content. The customer bears full risk of loss and damage to the site and all customer content.
To prevent any loss or damage to customer content, the customer is solely responsible for maintaining independent archival and backup copies of the site and all customer content. They are also responsible for ensuring the security, confidentiality, and integrity of all customer content transmitted through or stored on the server, as well as ensuring the confidentiality of their password.
If a customer's password is lost, stolen, or otherwise compromised, the customer must promptly notify ProVision. ProVision will then suspend access to the services using that password and issue a replacement password to the customer's authorized representative. This highlights the importance of franchisees taking proactive measures to protect their data and account information.