In the event of a conflict between the Degree Wellness Franchise Agreement and the Amendment, which terms prevail?
Degree_Wellness Franchise · 2025 FDDAnswer from 2025 FDD Document
| THIS | AMENDMENT | TO | FRANCHISE | AGREEMENT | ("Amendment") | dated | ||
|---|---|---|---|---|---|---|---|---|
| , | is intended to be a part of, and by this reference is incorporated into that | |||||||
| certain Franchise Agreement (the | "Franchise Agreement") dated, by and | |||||||
| between Degree Wellness | Franchise, LLC ("Franchisor"), a | Delaware | limited liability company, | |||||
| with | its | office | at | Riverside | Ave., | Jacksonville, | FL | and |
| principal | 200 | 32202 | ||||||
| ("you" or "Franchisee"). Defined terms contained in the | ||||||||
| Franchise Agreement shall have the identical meanings in this Amendment. |
Source: Item 23 — Receipts (FDD pages 66–257)
What This Means (2025 FDD)
Based on the 2025 Degree Wellness Franchise Disclosure Document, the various amendments included are intended to be part of and incorporated into either the Development Agreement or the Franchise Agreement. The document states that defined terms within the original agreements shall maintain the same meanings within the respective amendments.
This implies that the Amendment is designed to modify specific aspects of the original agreement, and in case of a conflict, the terms of the Amendment would likely prevail for the specific clauses it addresses. This is a common legal principle where the latest agreement or amendment takes precedence over prior agreements, especially concerning the clauses that have been modified.
However, the FDD excerpt does not explicitly state which terms prevail in the event of a direct conflict. To fully understand the relationship between the Franchise Agreement and any Amendments, a prospective Degree Wellness franchisee should seek clarification from the franchisor regarding conflict resolution. It would also be prudent to consult with a legal professional to review both the Franchise Agreement and any Amendments to fully understand their legal implications.