Does the Degree Wellness agreement allow Degree Wellness to change the Marks?
Degree_Wellness Franchise · 2025 FDDAnswer from 2025 FDD Document
- 4.2 With the prior consent of Degree Wellness, Management Company hereby grants Licensed Provider a revocable, non-assignable and non-exclusive sub-license to use certain identifying trade and service marks, names, service marks and other commercial symbols, including the marks "d" (stylized) and "DegreeWellness" and certain associated designs, artwork, and logos (as may be changed by Degree Wellness from time to time, the "Marks"), as well as certain System materials, forms, intellectual property and décor items, during the Agreement Term. Licensed Provider hereby agrees to use the Marks in accordance with all applicable laws, rules and regulations, in accordance with the rules and requirements of Degree Wellness, and under
the direction of Management Company. Licensed Provider acknowledges and agrees that it has no right, title or interest in or to the Marks, or any System materials, forms, intellectual property and décor items, and that Degree Wellness is the sole owner thereof. This license shall be deemed to end automatically upon the termination of this Agreement.
Source: Item 20 — OUTLETS AND FRANCHISEE INFORMATION (FDD pages 63–66)
What This Means (2025 FDD)
According to the 2025 Degree Wellness Franchise Disclosure Document, Degree Wellness has the right to change its Marks. The agreement grants the Licensed Provider a sub-license to use Degree Wellness's trade and service marks, names, service marks, and other commercial symbols, including the marks "d" (stylized) and "DegreeWellness".
This sub-license extends to associated designs, artwork, and logos, but Degree Wellness retains the right to modify these Marks from time to time. The Licensed Provider must use the Marks in accordance with all applicable laws, rules, and regulations, as well as Degree Wellness's rules and requirements, and under the direction of the Management Company.
This means that Degree Wellness franchisees must stay updated with any changes Degree Wellness makes to its branding and ensure their marketing and promotional materials reflect these changes. Failure to comply with these changes could result in a breach of the franchise agreement. Degree Wellness retains ownership of the Marks, and the franchisee's license to use them ends automatically upon termination of the agreement.