Does the waiver provision in the Basecamp Fitness franchise agreement apply to affiliates of the franchisor?

According to the 2025 Basecamp Fitness Franchise Disclosure Document, the franchise agreement contains a waiver of punitive damages and a jury trial provision. However, the FDD states that these waivers may not be enforceable under California law. This information is found in Item 22, which discusses contracts related to the franchise agreement.

While the FDD mentions the existence of a waiver provision, it does not explicitly state whether this waiver applies to affiliates of Basecamp Fitness. The language focuses on the enforceability of the waiver itself, particularly within California, but does not clarify the scope of who is covered by the waiver.

A prospective franchisee should seek clarification from Basecamp Fitness regarding the extent of this waiver. Specifically, it would be prudent to ask whether the waiver extends to the franchisor's affiliates and under what circumstances the waiver would apply to those affiliates. Understanding the scope of the waiver is crucial for assessing potential liabilities and legal rights under the franchise agreement.