Is my right to use the Basecamp Fitness Marks and System limited to a specific location?
Basecamp_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
vestigate the System and the procedures and financial requirements associated with the System, as well as the competitive market in which it operates.
- D. You desire to operate a Basecamp Fitness franchise that will conform to our uniform requirements and quality standards as established from time to time by us.
AGREEMENTS:
1. GRANT OF FRANCHISE; FRANCHISED LOCATION
- A. Grant of Franchise. Subject to the provisions stated below, we license to you a personal franchise to operate a Basecamp Fitness studio (your "Basecamp Studio") in conformity with our System at the location described on the Rider (the "Franchised Location"). You accept the license and undertake the obligation to operate your Basecamp Studio using the System and in compliance with our standards. Your Basecamp Studio may only be operated at the Franchised Location. If you would like to open a second or subsequent location, you must sign a new franchise agreement on our then-current form for each location, and pay the applicable franchise fees for each location.
- B. Protected Territory. Included in the Rider is a map or description of an area surrounding the Franchised Location (the "Protected Territory"). Except as specified in this Section, in Section 2.B, or in the Rider, during the term of this Agreement, we will not operate or license to anyone else the right to operate a Basecamp Fitness studio physically located in the Protected Territory. You acknowledge and agree that: (i) we and our affiliates have the right to grant other franchises or licenses and to operate
company or affiliate owned fitness studios/businesses (including Basecamp Fitness studios) at locations outside the Protected Territory even if they compete with your Basecamp Studio for customers or members; (ii) we and our affiliates have the right to grant other franchises or licenses and to operate company or affiliate-owned fitness studios/businesses (including Basecamp Studios) within private establishments located within the Protected Territory, provided that access to those centers is limited to employees of the business, or transient guests of the business who, in either case, would not have any reciprocity with any other Basecamp Studio as a result of their use or membership in this private studio, and (iii) we and our affiliates have the right to operate, and to grant franchises or licenses to others to operate, any fitness studios/business and any other business from locations within and outside the Protected Territory under trademarks other than the Marks, without compensation to you. In addition, the boundaries of your Protected Territory may overlap with a territory we grant to another franchisee or to a Basecamp Fitness studio we or our affiliates operate, so long as no other Basecamp Fitness studio is located within your Protected Territory.
- C. Additional Reservation of Rights.
Source: Item 22 — CONTRACTS (FDD pages 61–62)
What This Means (2025 FDD)
According to Basecamp Fitness's 2025 Franchise Disclosure Document, your right to use their Marks and System is limited to the specific Franchised Location outlined in the franchise agreement. Basecamp Fitness grants you a personal franchise to operate a studio at this designated location, and you are obligated to operate solely at that site. If you wish to open additional Basecamp Fitness locations, you must enter into a new franchise agreement for each new location and pay the associated franchise fees.
This location restriction is further emphasized by the fact that the rights and privileges granted to you are personal and cannot be extended to any location other than the Franchised Location. You are not allowed to delegate, subfranchise, or sublicense any of your rights. Furthermore, the Franchised Location can only be used for the operation of a Basecamp Fitness studio unless you obtain explicit written consent from Basecamp Fitness for any other use.
Basecamp Fitness also defines a Protected Territory around your Franchised Location, within which they generally will not operate or license another Basecamp Fitness studio. However, it's important to note that Basecamp Fitness retains certain rights, even within your Protected Territory. They can operate or license fitness studios within private establishments (like corporate gyms) and can also operate other fitness businesses under different trademarks. This means that while your exclusive use of the Basecamp Fitness Marks and System is tied to your Franchised Location, competition from Basecamp Fitness or its affiliates is still possible within your Protected Territory through alternative channels or brands.