Under what condition is an amendment or modification to the Basecamp Fitness agreement binding?
Basecamp_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
This agreement is the only agreement between the parties concerning the subject matter hereof and supersedes all prior agreements, whether oral or written, relating hereto. No purported amendment, modification or waiver of any provision of this agreement shall be binding unless set forth in a written document signed by both HC and the Client (in the case of amendments or modifications) or by the party to be charged thereby (in the case of waivers). Notwithstanding the above, HC may amend the Fee Structure Schedule and the program details of any Fitness Incentive Program. In addition, Client understands that participation in any Fitness Incentive Program requires that the Client review and agree to the terms and conditions of that particular Fitness Incentive Program, which may vary between Fitness Incentive Program.
Source: Item 23 — RECEIPTS (FDD pages 62–248)
What This Means (2025 FDD)
According to Basecamp Fitness's 2025 Franchise Disclosure Document, any amendment, modification, or waiver to the franchise agreement must be documented in writing to be considered binding. Specifically, amendments or modifications require a written document signed by both Basecamp Fitness and the franchisee. Waivers, on the other hand, need to be in a written document signed only by the party who is waiving their rights.
This requirement for written agreements provides clarity and legal protection for both Basecamp Fitness and its franchisees. It ensures that any changes to the original agreement are formally documented and agreed upon by all relevant parties, reducing the risk of misunderstandings or disputes based on verbal agreements or informal communications.
However, Basecamp Fitness retains the right to amend the Fee Structure Schedule and program details of any Fitness Incentive Program. Furthermore, participation in any Fitness Incentive Program requires the franchisee to review and agree to the terms and conditions of that particular Fitness Incentive Program, which may vary between Fitness Incentive Programs. This highlights the importance of franchisees carefully reviewing all documents and understanding the specific terms and conditions of any Fitness Incentive Programs they participate in.
This clause is a fairly standard provision in franchise agreements. It protects both parties by ensuring that any changes to the agreement are clearly documented and agreed upon in writing. Prospective franchisees should pay close attention to this clause and ensure that they understand the process for amending or modifying the agreement.