What is required for a waiver of any provision or right under the Basecamp Fitness agreement to be effective?
Basecamp_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
Notwithstanding anything to the contrary in the Basecamp Fitness Franchisor LLC Franchise Disclosure Document, the following provisions shall supersede any inconsistent provisions and apply to all Basecamp Fitness franchises offered and sold in the state of Illinois:
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- In conformance with Section 41 of the Illinois Franchise Disclosure Act, any condition, stipulation or provision purporting to bind any person acquiring any franchise to waive compliance with the Illinois Franchise Disclosure Act or any other law of Illinois is void.
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- No statement, questionnaire, or acknowledgment signed or agreed to by a franchisee in connection with the commencement of the franchise relationship shall have the effect of (i) waiving any claims under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on any statement made by any franchisor, franchise seller, or other person acting on behalf of the franchisor. This provision supersedes any other term of any document executed in connection with the franchise.
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, specifically regarding franchises offered and sold in Illinois, any condition, stipulation, or provision that attempts to bind someone acquiring a Basecamp Fitness franchise to waive compliance with the Illinois Franchise Disclosure Act or any other Illinois law is considered void. This means that franchisees cannot be forced to give up their rights under Illinois law as a condition of obtaining the franchise.
Furthermore, any statement, questionnaire, or acknowledgment signed by a Basecamp Fitness franchisee at the start of their franchise relationship cannot waive claims under state franchise law, including claims related to fraud in the inducement. It also cannot disclaim reliance on statements made by Basecamp Fitness, franchise sellers, or anyone acting on their behalf. This provision takes precedence over any other conflicting terms in any document related to the franchise agreement.
This protection is particularly important for prospective Basecamp Fitness franchisees in Illinois as it ensures that they retain their legal rights and protections under Illinois law, regardless of any agreements or statements made during the franchise process. It prevents Basecamp Fitness from using waivers or disclaimers to shield themselves from liability or to limit the franchisee's ability to pursue legal claims.