Does the Degree Wellness Agreement limit Degree Wellness or the franchisee from exercising other rights or remedies?
Degree_Wellness Franchise · 2025 FDDAnswer from 2025 FDD Document
ment, then we will not be deemed to have waived our right to demand exact compliance with any of the terms of this Agreement at a later time. Similarly, our waiver of any particular breach or series of breaches under this Agreement, or of any similar term in any other agreement between us and any other Degree Wellness franchisee will not affect our rights with respect to any later breach. It will also not be deemed to be a waiver of any breach of this Agreement for us to accept payments that are due to us under this Agreement.
- 17.7 Cumulative Remedies. The rights and remedies specifically granted to either you or us by this Agreement will not be deemed to prohibit either you or us from exercising any other right or remedy provided under this Agreement or permitted by law or equity.
17.8 Specific Performance; Injunctive Relief; Liquidated Damages.
- a. Equitable Remedies.
Source: Item 23 — Receipts (FDD pages 66–257)
What This Means (2025 FDD)
According to Degree Wellness's 2025 Franchise Disclosure Document, neither the franchisee nor Degree Wellness is prohibited from using other rights or remedies. Specifically, the rights and remedies granted to either party in the agreement do not prevent either party from using any other right or remedy provided under the agreement, or permitted by law or equity. This ensures that both Degree Wellness and the franchisee have access to a full range of legal options.
Additionally, the FDD states that if Degree Wellness does not exercise a right or power available to them under the agreement, or does not insist on the franchisee's strict compliance with the terms of the agreement, it will not be deemed a waiver of their right to demand exact compliance with any of the terms of the agreement at a later time. Similarly, Degree Wellness's waiver of any particular breach or series of breaches under the agreement will not affect their rights with respect to any later breach.
This section of the Degree Wellness franchise agreement aims to provide clarity and protect the legal rights of both the franchisor and franchisee, ensuring that neither party is unduly limited in their ability to seek appropriate remedies.