factual

What rights does the Basecamp Fitness customer waive under UCC Article 2A-508 through 336.2A-522?

Basecamp_Fitness Franchise · 2025 FDD

Answer from 2025 FDD Document

To the extent permitted by applicable law, Customer hereby waives any and all rights conferred upon a lessee under UCC Article 2A-508 through 336.2A-522 whether o

Source: Item 23 — RECEIPTS (FDD pages 62–248)

What This Means (2025 FDD)

According to the 2025 Basecamp Fitness Franchise Disclosure Document, a customer waives specific rights related to a finance lease agreement. The customer explicitly waives any rights conferred upon a lessee under UCC Article 2A-508 through 336.2A-522 to the extent permitted by applicable law. This waiver is part of an agreement where the 'Owner' purchases equipment at the direction of the customer and retains sole ownership.

This waiver is significant because UCC Article 2A-508 through 336.2A-522 outlines various rights and remedies available to a lessee (in this case, the Basecamp Fitness customer) in the event of default by the lessor (the equipment owner). These rights can include the right to reject non-conforming goods, the right to recover damages, and the right to cancel the lease agreement. By waiving these rights, the customer assumes a greater level of risk in the transaction.

For a prospective Basecamp Fitness franchisee, this means carefully reviewing the equipment lease agreement and understanding the implications of waiving these UCC rights. It would be prudent to seek legal counsel to fully understand the risks and potential liabilities associated with this waiver. The franchisee should also ensure that the equipment lease agreement clearly defines the responsibilities of the 'Owner' regarding the equipment's performance, maintenance, and support, as the owner disclaims liability for these aspects.

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.