What is the condition for Degree Wellness to indemnify and reimburse me for costs related to trademark infringement?
Degree_Wellness Franchise · 2025 FDDAnswer from 2025 FDD Document
Degree Wellness has invested substantial time, energy, and money in the promotion and protection of its Marks as they exist on the date of this Agreement. However, rights in intangible property such as the Marks are often difficult to establish and defend. In addition, other circumstances, such as changes in the cultural and economic environment within which the System operates, changes in marketing or other strategies, or third-party challenges to Degree Wellness's rights in the Marks, may make changes in the Marks desirable or necessary. Degree Wellness therefore reserves the right to change its Marks and the specifications for each when we believe that such changes will benefit the System. You will promptly conform at your own expense, to any such changes. Degree Wellness need not reimburse you for any loss
Source: Item 23 — Receipts (FDD pages 66–257)
What This Means (2025 FDD)
Based on the 2025 Franchise Disclosure Document, Degree Wellness does not offer explicit details on the conditions under which they would indemnify or reimburse a franchisee for costs related to trademark infringement. The FDD does outline the franchisee's responsibilities regarding the use of Degree Wellness's trademarks and the potential consequences of unauthorized use.
The document emphasizes that the franchisee's right to use Degree Wellness's marks is solely derived from the franchise agreement and is contingent upon compliance with the agreement's terms, including timely payments. It also states that any unauthorized use of the marks constitutes a breach of the agreement and an infringement of Degree Wellness's rights. The franchisee acknowledges that all goodwill established through their use of the marks inures exclusively to the benefit of Degree Wellness.
Degree Wellness retains the right to change its marks and specifications, and the franchisee is responsible for conforming to these changes at their own expense. The FDD does not specify any circumstances under which Degree Wellness would cover a franchisee's costs related to trademark infringement. Therefore, a prospective franchisee should seek clarification from Degree Wellness regarding potential indemnification or reimbursement policies related to trademark infringement, as this is not explicitly addressed in the provided FDD excerpts.