Under what circumstances might the Services provided to Basecamp Fitness franchisees be inaccessible or inoperable?
Basecamp_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
Notwithstanding the foregoing, ProVision reserves the right, in its sole discretion and without prior notice, at any time, to suspend Customer's access to or use of the Server, Services or any portion thereof, in the event ProVision believes or has reason to believe that Customer is in violation or may be violating any term or condition of this Agreement. In the event of suspension of Services, ProVision shall thereafter provide prompt written notice to Customer of the suspension of Services and the reasons therefore. In addition, in the event that ProVision's license to or right to distribute the Proprietary Software is terminated for any reason, any license granted to Customer for use of the Proprietary Software shall automatically terminate. ProVision shall provide Customer with written notice of such termination. ProVision will use good-faith efforts to procure a substitute license for similar software including, without limitation, web-based software, within a period of thirty (30) days after termination. However, ProVision makes no representation or warranty as to the continued availability of the Proprietary Software and will have no liability whatsoever to Customer in such a termination event.
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 51–55)
What This Means (2025 FDD)
According to the 2025 Basecamp Fitness Franchise Disclosure Document, ProVision, the service provider, has the right to suspend a franchisee's access to the server or services at any time, without prior notice, if they believe the franchisee is violating the agreement. If services are suspended, ProVision must promptly provide written notice to the franchisee explaining the reasons for the suspension.
Additionally, the agreement between ProVision and the Basecamp Fitness franchisee will automatically terminate if the Franchise Agreement between the franchisee and Basecamp Fitness Franchisor LLC is terminated or expires. If ProVision's license to distribute the proprietary software is terminated for any reason, the franchisee's license to use that software will also automatically terminate, with written notice provided to the franchisee.
While ProVision will attempt to find a substitute license for similar software within 30 days, they offer no guarantee of continued availability and bear no liability if the software access is terminated. This means a Basecamp Fitness franchisee could experience disruption or loss of access to essential services and software needed to operate their franchise, impacting their business operations.