What constitutes a breach of the Degree Wellness franchise agreement regarding the use of Degree Wellness Marks?

According to the 2025 Degree Wellness Franchise Disclosure Document, unauthorized use of the Degree Wellness Marks during or after the term of the franchise agreement constitutes a breach of the agreement and an infringement of Degree Wellness's rights to the marks. The franchisee's right to use the marks is solely derived from the franchise agreement and is limited to the operation of the franchise in compliance with the agreement's standards, specifications, and operating procedures. This includes timely payment of the Initial Franchise Fee, Continuing Franchise Fees, fund contributions, and all other sums due to Degree Wellness.

Degree Wellness retains the right to regulate the use of its marks, including their use in electronic media such as websites, web pages, domain names, or electronic media identifiers. All goodwill established through the franchisee's use of the marks inures exclusively to the benefit of Degree Wellness and its affiliates. The franchise agreement does not confer any goodwill or other interests in the marks to the franchisee, other than the right to operate the franchise in compliance with the agreement.

Degree Wellness reserves the right to change its marks and specifications when it believes such changes will benefit the system, and franchisees must promptly conform to these changes at their own expense. After termination or expiration of the franchise, any use of the marks and copyrightable works constitutes unlawful use of Degree Wellness's intellectual property rights. Franchisees must not identify any business as a current or former Degree Wellness franchise, use any mark or imitation thereof, or use any commercial symbol that suggests an association with Degree Wellness. Franchisees must also return or destroy all materials containing any mark or copyrightable works, remove all marks from uniforms, and cancel any registrations relating to the use of any mark.