What warranties does ProVision make to the customer regarding the Basecamp Fitness agreement?
Basecamp_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
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 FDD, ProVision offers no guarantees regarding the continued availability of its proprietary software. Specifically, if ProVision's license to distribute the software is terminated, the franchisee's license to use it also ends automatically.
ProVision commits to using good-faith efforts to find a substitute license for similar web-based software within 30 days of termination. However, Basecamp Fitness franchisees should note that ProVision provides no assurance that a replacement will be found or that the software will remain available.
This lack of warranty could pose a risk to franchisees, as their operations rely on this software. If the software becomes unavailable, the franchisee may need to invest additional resources to find and implement an alternative solution. It is important for potential franchisees to understand this risk and consider it when evaluating the franchise opportunity.