In a Degree Wellness arbitration, can the arbitrator award specific performance?
Degree_Wellness Franchise · 2025 FDDAnswer from 2025 FDD Document
- **d.
Awards and Decisions.
The arbitrator shall have the right to award or include in his award any relief that he or she deems proper in the circumstances, including without limitation, money damages (with interest on unpaid amounts from date due), specific performance, injunctive relief (including permanent, temporary, and preliminary injunctive relief), attorneys' fees, and costs.
The award and decision of the arbitrator shall be conclusive and binding on all parties to this agreement, and judgment on the award may be entered in any court of competent jurisdiction, and each such party waives any right to contest the validity or enforceability of such award.**
Source: Item 23 — Receipts (FDD pages 66–257)
What This Means (2025 FDD)
According to the 2025 Degree Wellness Franchise Disclosure Document, the arbitrator has the authority to award specific performance. The FDD states that the arbitrator can include in their award any relief deemed proper, including specific performance, money damages, injunctive relief, attorney's fees, and costs. The arbitration proceedings will be conducted in Duvall County, Florida, following the American Arbitration Association's commercial arbitration rules. The hearing will be before a single arbitrator, not a panel.
This means that if a dispute arises between a Degree Wellness franchisee and the company, the arbitrator can order either party to fulfill their obligations under the franchise agreement. For a franchisee, this could mean being compelled to adhere to specific operational standards or contractual terms. For Degree Wellness, it could mean fulfilling promises of support or services outlined in the agreement.
It's important to note that the arbitrator's decision is conclusive and binding, and judgment on the award may be entered in any court of competent jurisdiction. Both parties waive any right to contest the validity or enforceability of the award. This underscores the importance of carefully considering the implications of the arbitration clause before entering into a franchise agreement with Degree Wellness. Franchisees should be aware that they will be responsible for all costs and fees charged to them by the American Arbitration Association and one-half of all charges and fees of the designated arbitrator for the proceeding, as and when billed.