How can the Degree Wellness Agreement be amended or modified?
Degree_Wellness Franchise · 2025 FDDAnswer from 2025 FDD Document
No course of dealing between the Parties, no waiver by either Party and no refusal or neglect of either Party to exercise any right hereunder or to enforce compliance with the terms of this Agreement shall constitute a waiver of any provision herein, unless such waiver is expressed in writing by the waiving Party and is clearly designated as a waiver to a specific provision(s) of this Agreement.
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, modifications or waivers to the agreement must be expressed in writing by the waiving party and clearly designated as a waiver to specific provisions of the agreement. This requirement ensures that any changes to the agreement are formally documented and agreed upon by all parties involved, preventing misunderstandings or disputes over verbal agreements or implied waivers.
This clause protects both Degree Wellness and the franchisee by requiring a clear, written record of any modifications. It prevents either party from later claiming that a provision was waived or altered without proper documentation. This is a standard practice in franchising, as it provides legal certainty and clarity in the business relationship.
For a prospective Degree Wellness franchisee, this means that any negotiation or agreement to deviate from the standard franchise agreement must be documented in writing and signed by an authorized representative of Degree Wellness. Franchisees should be cautious about relying on verbal promises or assurances, as these may not be enforceable without written confirmation. It is crucial to ensure that any agreed-upon changes are properly documented to protect their interests and avoid potential conflicts in the future.