Regarding Basecamp Fitness, what responsibility does the customer have for providing and maintaining equipment necessary for ProVision to perform services and for the customer to access the site?
Basecamp_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
- b.
Software Installation and Support.* ProVision agrees to install the Basecamp Fitnessapproved proprietary studio management software (the "Proprietary Software") on Customer's Equipment (defined in Section 3.d.), or assist Customer in its access to the Proprietary Software in the event the Proprietary Software is web-based and, through it or its designees, to provide remote support of the Proprietary Software ("Proprietary Installation and Support Services" or "Proprietary I&S Services").
Any new or additional Equipment necessitated by a software upgrade will be the responsibility of Customer.
- 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.
Customer agrees that from time to time the Services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which ProVision may undertake from time to time; or (iii) causes beyond the control of ProVision or which are not reasonably foreseeable by ProVision, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks network congestion or other failures.
- b*. Acceptable Use Policy*. Customer is solely responsible for all acts, omissions and use under and charges incurred with Customer's account or password or in connection with the Site or any Customer Content displayed, linked, transmitted through or stored on the Server.
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, the customer is responsible for providing and maintaining the equipment necessary for ProVision to perform its services. Specifically, ProVision agrees to install Basecamp Fitness-approved proprietary studio management software on the customer's equipment. If any new or additional equipment is needed due to a software upgrade, the customer bears the responsibility for obtaining it.
Furthermore, the customer is responsible for the Site and all Customer Content. The customer must prevent any loss or damage to Customer Content, maintain independent archival and backup copies of the Site and all Customer Content, ensure the security, confidentiality, and integrity of all Customer Content transmitted through or stored on the Server, and ensure the confidentiality of Customer's password.
ProVision's services are subject to terms and conditions, and may be inaccessible or inoperable due to equipment malfunctions, maintenance, or causes beyond ProVision's control. ProVision does not guarantee continuous or uninterrupted service. The customer is also responsible for all use and charges incurred with their account or password in connection with the Site or any Customer Content.