Where are the rights of a Basecamp Fitness franchisee upon termination and non-renewal outlined in the Illinois Franchise Disclosure Act?
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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- Illinois law governs the Agreements.
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- Your rights upon Termination and Non-Renewal of a franchise agreement are set forth in sections 19 and 20 of the Illinois Franchise Disclosure Act.
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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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- In conformance with Section 4 of the Illinois Franchise Disclosure Act, any provision in a franchise agreement that designates jurisdiction and venue in a forum outside of the State of Illinois is void. However, a franchise agreement may provide for arbitration to take place outside of Illinois.
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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.
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- A Surety Bond has been obtained by the Franchisor. The Surety Bond is on file with the Office of the Illinois Attorney General. This financial assurance requirement was imposed by the Office of the Illinois Attorney General due to the Franchisor's guarantor's financial condition.
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- Each provision of this addendum to the FDD shall be effective only to the extent that with respect to such provision, the jurisdictional requirements of the Illinois Franchise Disclosure Act are met independently without reference to this addendum.
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 rights of a franchisee in Illinois upon termination and non-renewal are specifically addressed within the Illinois Franchise Disclosure Act. For Basecamp Fitness franchises offered and sold in Illinois, the FDD indicates that franchisee rights upon termination and non-renewal are detailed in sections 19 and 20 of the Illinois Franchise Disclosure Act. This means that prospective franchisees should carefully review these sections of the Act to understand their rights and obligations should the franchise agreement be terminated or not renewed.
This reference to the Illinois Franchise Disclosure Act is important because it ensures that Illinois franchisees are afforded the protections and rights mandated by Illinois law, which may differ from the standard terms outlined in the Basecamp Fitness franchise agreement. The FDD explicitly states that the provisions outlined in sections 19 and 20 of the Act supersede any conflicting terms in the franchise agreement, reinforcing the primacy of Illinois law in these matters.
Prospective Basecamp Fitness franchisees in Illinois should obtain and thoroughly review the Illinois Franchise Disclosure Act, paying particular attention to sections 19 and 20. Understanding these rights is crucial for making informed decisions about entering into a franchise agreement and for protecting their interests throughout the duration of the franchise relationship. Consulting with a legal professional experienced in franchise law is also advisable to fully comprehend the implications of these provisions.