What conditions must a Degree Wellness franchisee meet to maintain the right to use the marks?
Degree_Wellness Franchise · 2025 FDDAnswer from 2025 FDD Document
Your right to use the Marks is derived solely from your Franchise Agreement, and is limited to your conduct of business in compliance with the Franchise Agreement and all applicable specifications, standards, and operating procedures we prescribe during the term of your franchise, including, without limitation, timely payment of the Initial Franchise Fee, Continuing Franchise Fees, Fund contributions, and all other sums due to us. Any unauthorized use of the Marks by you will constitute an infringement of our rights in and to the Marks. Your use of the Marks and any goodwill established by them will be for our exclusive benefit, and your Franchise Agreement does not confer any goodwill or other interests in the Marks upon you. All provisions of your Franchise Agreement applicable to the Marks will apply to any additional proprietary trade and service marks and commercial symbols authorized for use by, and licensed to you under, your Franchise Agreement. You may not at any time during or after the term of your franchise contest, or assist any other person in contesting, the validity or ownership of any of the Marks.
Source: Item 13 — Trademarks (FDD pages 45–47)
What This Means (2025 FDD)
According to Degree Wellness's 2025 Franchise Disclosure Document, a franchisee's right to use the brand's trademarks is contingent upon their compliance with the Franchise Agreement and all prescribed specifications, standards, and operating procedures. This encompasses conducting business according to Degree Wellness's guidelines and maintaining good financial standing with the company.
Specifically, the franchisee must ensure timely payment of the Initial Franchise Fee, Continuing Franchise Fees, Fund contributions, and all other sums due to Degree Wellness. Failure to meet these obligations or any unauthorized use of the trademarks constitutes an infringement of Degree Wellness's rights. The agreement emphasizes that all goodwill associated with the marks benefits Degree Wellness exclusively, and the franchisee does not acquire any independent interest in the marks.
Furthermore, the franchisee is prohibited from contesting the validity or ownership of the marks during or after the franchise term. All provisions of the Franchise Agreement pertaining to the marks extend to any additional proprietary trade and service marks authorized for the franchisee's use. This ensures consistent brand representation and protects Degree Wellness's intellectual property rights.