In the event of a conflict between the Degree Wellness agreement and any Franchise Agreements, which terms control?

According to the 2025 FDD, the terms, conditions, and intent of the Degree Wellness agreement will control in the event of a conflict between the agreement and any Franchise Agreement(s). This means that if there is any disagreement or inconsistency between the general agreement and any specific franchise agreement, the provisions outlined in the overarching agreement will take precedence.

This clause is important for prospective Degree Wellness franchisees because it clarifies the hierarchy of agreements. It ensures that the franchisor's overall development plan and rights are maintained, even if specific franchise agreements might suggest otherwise. Franchisees should carefully review both the main agreement and any individual franchise agreements to understand how they interact and to be aware of potential conflicts.

This type of clause is relatively standard in franchising. It protects the franchisor's system-wide consistency and control. However, franchisees should seek legal counsel to fully understand their rights and obligations under both agreements and to assess the implications of this controlling agreement.