Does the Degree Wellness agreement specify whether the two-year limitation period is waivable?
Degree_Wellness Franchise · 2025 FDDAnswer from 2025 FDD Document
- 17.10 Waiver of Certain Damages and Jury Trial; Limitations of Actions.
Except with respect to your obligations to indemnify us and claims that we may bring under Sections 7, 9, 15, or 16 of this Agreement, and except for claims arising from your non-payment or underpayment of any amounts owed to us or our affiliates, (1) any and all claims arising out of or related to this Agreement or the relationship between you and us shall be barred, by express agreement of the parties, unless an action or proceeding is commenced within two (2) years from the date the cause of action accrues; and (2) you hereby waive to the fullest extent permitted by law, any right to or claim for any indirect, special, consequential, incidental, punitive, exemplary, or treble damages, and other forms of multiple damages, against us, including without limitation, any economic loss, property damage, physical injury, or lost profits arising out of this Agreement, your use of the Marks, the System, or your inability to use the Marks or the System, regardless of whether arising under breach of contract, warranty, tort, strict liability, or any other legal or equitable theory or claim, even if such loss or damage could have been reasonably foreseen.
Further, you agree that, except to the extent provided to the contrary in this Agreement, in the event of a dispute between you and us, you will be limited to the recovery of any actual damages sustained by you.
You and we irrevocably waive trial by jury in any action, proceeding or counterclaim, whether at law or in equity, brought by either you or us.
Source: Item 23 — Receipts (FDD pages 66–257)
What This Means (2025 FDD)
According to Degree Wellness's 2025 Franchise Disclosure Document, the franchise agreement includes a clause addressing the limitation of actions. Specifically, it states that any claims arising from the agreement or the relationship between the franchisee and Degree Wellness must be initiated within two years from when the cause of action accrues.
However, the agreement does not explicitly state whether this two-year limitation period is waivable. The clause focuses on limiting the types of damages a franchisee can claim, such as indirect, special, consequential, incidental, punitive, exemplary, or treble damages. It also includes a waiver of the right to a jury trial in any action related to the franchise agreement.
Given the absence of explicit language regarding the waivability of the two-year limitation, prospective Degree Wellness franchisees should seek clarification from the franchisor. Understanding whether this limitation can be waived under certain circumstances is crucial for assessing potential legal risks and protecting their interests. It is also advisable to consult with a legal professional to fully understand the implications of this clause and its enforceability in their specific jurisdiction.