Does the Degree Wellness agreement specify any geographic limits related to the confidentiality or non-disparagement clauses?
Degree_Wellness Franchise · 2025 FDDAnswer from 2025 FDD Document
- b.
Non-Disparagement.
You agree that during the Term of this Agreement, and thereafter following any Transfer, termination or expiration of this Agreement, neither you, nor any Principal Owner, nor any member of your immediate family or of the immediate family of any Principal Owner, will directly or indirectly make any negative or critical statements to any third parties, either verbally or in any other form or media, about (a) us, the Franchise, any of our franchisees, or any of their respective products, services, businesses or business practices, or (b) the actions, operations or character of any of our or their respective owners, officers, directors, employees, consultants or agents.
- c.
Non-Solicitation.
You agree that during the Term of this Agreement, and thereafter for a period of two (2) years following any Transfer, termination or expiration of this Agreement, neither you, nor any Principal Owner, nor any member of your immediate family or of the immediate family of any Principal Owner, will directly or indirectly (a) solicit for wellness or related services or products with any person who was a member or client of the Franchise within the two year period prior to such Transfer, termination or expiration; or (b) interfere with our relationship with any of our franchisees, vendors, suppliers or referral sources.
Source: Item 23 — Receipts (FDD pages 66–257)
What This Means (2025 FDD)
According to the 2025 Degree Wellness Franchise Disclosure Document, the non-disclosure and non-disparagement clauses do not specify geographic limits. The franchisee's duty to maintain the confidentiality of Degree Wellness's proprietary information extends both during and after the term of the agreement. This obligation remains in effect regardless of transfer, termination, or expiration of the agreement.
The franchisee agrees not to disclose confidential information to any third party, and must implement procedures to prevent unauthorized use or disclosure of this information. This includes ensuring that employees and others who have access to confidential information sign non-disclosure, non-solicitation, non-disparagement, and non-competition agreements.
Furthermore, the non-disparagement clause states that the franchisee, principal owners, and their immediate families are prohibited from making negative or critical statements about Degree Wellness, its franchisees, or their respective businesses. This restriction applies during the term of the agreement and continues even after any transfer, termination, or expiration of the agreement. The agreement does not include any geographic limitations regarding these restrictions.