Does the Degree Wellness agreement allow the Licensed Provider discretion in using fixtures, equipment, and furnishings?
Degree_Wellness Franchise · 2025 FDDAnswer from 2025 FDD Document
ising from intellectual property, inventions, and teaching revenues created or carried out by Licensed Provider in the course of performing the Licensed Provider Services.
4. Grant of Limited Rights to Licensed Provider.
- 4.1 Management Company hereby grants Licensed Provider a revocable, nonassignable license to use the Premises, and all fixtures, equipment, and furnishings located therein, during the Agreement Term. The license to use the Premises granted by this Section 4.1 is not a lease or sublease of the Premises and this Agreement shall not be interpreted to create a landlord and tenant relationship between Management Company (or the owner of the Premises) and Licensed Provider or to give Licensed Provider any right to continued use, possession or occupancy of the Premises, except to the extent expressly stated in this Agreement. This license shall be deemed to end automatically upon the termination of this Agreement. Licensed Provider shall use all fixtures, equipment and furnishings granted by this Section 4.1 in the manner in which they are intended and in compliance with all rules and requirements of Management Company and, if applicable, its landlord; provided, however, that in all cases Licensed Provider shall have the discretion and authority to use such fixtures, equipment and furnishings to provide Studio Services only as deemed necessary or advisable by Licensed Provider in his/her discretion. Licensed Provider shall return to Management Company the Premises, fixtures, equipment, and furnishings in the same condition, reasonable wear and tear excepted, as they were in as of the date of this Agreement.
- 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.
Source: Item 20 — OUTLETS AND FRANCHISEE INFORMATION (FDD pages 63–66)
What This Means (2025 FDD)
According to Degree Wellness's 2025 Franchise Disclosure Document, the Licensed Provider has some discretion in using fixtures, equipment, and furnishings. The Management Company grants the Licensed Provider a license to use the premises and all fixtures, equipment, and furnishings located within.
However, the Licensed Provider must use these items in the manner intended and in compliance with the rules of the Management Company and its landlord, if applicable. Despite these stipulations, the Licensed Provider has the authority to use such fixtures, equipment, and furnishings to provide Studio Services as deemed necessary or advisable in their discretion.
The Licensed Provider is responsible for returning the premises, fixtures, equipment, and furnishings to the Management Company in the same condition as they were at the start of the agreement, with reasonable wear and tear excepted. The Licensed Provider also has the discretion and authority to choose which medical equipment and devices are used in connection with providing the Studio Services, provided they have reviewed and approved all fixtures, equipment, and devices located at the Premises.