Can the Degree Wellness Agreement be executed in counterparts?
Degree_Wellness Franchise · 2025 FDDAnswer from 2025 FDD Document
- 16.8 This Agreement may be executed in one or more counterparts, including by facsimile or electronic signature included in an Adobe PDF file, each of which shall be an original and all of which together shall constitute one and the same agreement. The execution of counterparts shall not be deemed to constitute delivery of this Agreement by any party until all of the parties have executed and delivered their respective counterparts.
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 agreement can be executed in one or more counterparts. This includes execution via facsimile or electronic signature included in an Adobe PDF file. Each counterpart has the same legal weight as an original, and all counterparts together form a single agreement. However, the execution of counterparts does not mean the agreement is delivered by any party until all parties have executed and delivered their respective counterparts.
This means that Degree Wellness franchisees and the Management Company can sign different copies of the agreement, and it will still be legally binding as long as all parties eventually sign and deliver their copies. This flexibility can be useful when parties are in different locations or have difficulty coordinating a single signing ceremony.
It is important to note that while the agreement can be signed in counterparts, it is not considered fully delivered until all parties have signed and delivered their respective copies. A prospective Degree Wellness franchisee should ensure that they receive fully executed copies from all parties to ensure the agreement is in effect.