Under what conditions is a waiver of a provision effective under the Basecamp Fitness agreement?
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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- 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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- 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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- 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 the 2025 Basecamp Fitness Franchise Disclosure Document, specifically regarding franchises offered and sold in Illinois, any attempt to waive compliance with the Illinois Franchise Disclosure Act or any other law of Illinois is void. This means that any condition, stipulation, or provision that tries to force a franchisee to give up their rights under Illinois law is not enforceable. This protection is in place to ensure that franchisees are not pressured into unknowingly surrendering their legal rights.
Furthermore, any statement, questionnaire, or acknowledgment signed by a Basecamp Fitness franchisee at the start of their franchise relationship cannot waive claims under state franchise law, including claims related to fraud in the inducement. It also cannot disclaim reliance on statements made by the franchisor, franchise seller, or anyone acting on their behalf. This provision is designed to prevent Basecamp Fitness from using standard documents to shield themselves from liability for misrepresentations or fraudulent behavior. This specific clause overrides any other conflicting terms in any document related to the franchise agreement.
For prospective Basecamp Fitness franchisees in Illinois, this means that they cannot be compelled to waive their rights under Illinois franchise law, and they can rely on statements made by the franchisor during the franchise sales process. This offers a layer of protection against potentially unfair or misleading practices. However, it is important to note that these protections specifically apply to Illinois law, and franchisees in other states may have different rights and protections. Additionally, each provision of the addendum to the FDD is effective only to the extent that the jurisdictional requirements of the Illinois Franchise Disclosure Act are met independently without reference to the addendum.