Under the Maryland Franchise Registration and Disclosure Law, does Basecamp Fitness intend for representations requiring prospective franchisees to assent to a release, estoppel, or waiver of liability to act as a release, estoppel, or waiver of any liability?

According to Basecamp Fitness's 2025 Franchise Disclosure Document, any representations that require prospective franchisees in Maryland to agree to a release, estoppel, or waiver of liability are not intended to, and will not, act as a release, estoppel, or waiver of any liability incurred under the Maryland Franchise Registration and Disclosure Law. This means that even if a franchisee signs a document that appears to waive their rights, that waiver is not legally binding under Maryland franchise law. This protection ensures that franchisees in Maryland retain their legal rights and recourse under the state's franchise laws, regardless of any agreements they may sign.

This provision is particularly important for prospective Basecamp Fitness franchisees in Maryland as it safeguards their ability to pursue legal action or seek remedies for violations of the Maryland Franchise Registration and Disclosure Law. It prevents Basecamp Fitness from using contractual language to circumvent the protections afforded to franchisees under Maryland law. The FDD also states that the questionnaire provided does not waive any liability the Franchisor may have under the Washington Franchise Investment Protection Act, RCW 19.100.

It is a common practice in franchising to include clauses related to liability and waivers, but this disclosure clarifies that such clauses do not override the specific protections provided by Maryland law. Prospective franchisees should carefully review all documents and understand their rights under state law, regardless of any waivers or releases they may be asked to sign. This ensures that franchisees are fully aware of their legal standing and protections when entering into a franchise agreement with Basecamp Fitness.