Does the Degree Wellness franchise agreement allow franchisees to use the Degree Wellness marks in electronic media?
Degree_Wellness Franchise · 2025 FDDAnswer from 2025 FDD Document
ss revenues, then you and we agree to negotiate in good faith an alternative fee arrangement. If you and we are unable to reach an agreement on an alternative fee arrangement, then Degree Wellness reserves the right to terminate this Agreement upon notice to you, in which case all of the post-termination obligations set forth in Section 16 shall apply.
7. MARKS; COPYRIGHTED WORKS.
7.1 Ownership and Goodwill of Marks
- a. You acknowledge that your right to use the Marks is derived solely from this Agreement, and is limited to your operation of the Franchise pursuant to and in compliance with this Agreement and all applicable standards, specifications, and operating procedures we prescribe from time to time during the Term of this Agreement, including, without limitation, timely payment of the Initial Franchise Fee, Continuing Franchise Fees, Fund contributions, and all other sums due to us.
- b. You understand and acknowledge that our right to regulate the use of the Marks includes, without limitation, any use of the Marks in any form of electronic media, such as Websites or web pages, or as a domain name or electronic media identifier.
- c. If you make any unauthorized use of the Marks either during or after the Term of this Agreement, it will constitute a breach of this Agreement and an infringement of our rights in and to the Marks.
- d. You acknowledge and agree that all your usage of the Marks and any goodwill established by your use will inure exclusively to our benefit and the benefit of our affiliates, and that this Agreement does not confer any goodwill or other interests in the Marks on you (other than the right to operate the Franchise in compliance with this Agreement).
- e. All provisions of this Agreement applicable to the Marks will apply to any additional trademarks, service marks, commercial symbols, designs, artwork, or logos we may authorize and/or license you to use during the Term of this Agreement.
- f.
Source: Item 23 — Receipts (FDD pages 66–257)
What This Means (2025 FDD)
According to Degree Wellness's 2025 Franchise Disclosure Document, franchisees are permitted to use the Degree Wellness marks in electronic media, such as websites, web pages, domain names, or electronic media identifiers, but this right is strictly controlled by Degree Wellness.
The franchise agreement states that the franchisee's right to use the marks is derived solely from the agreement and is contingent upon compliance with all standards, specifications, and operating procedures prescribed by Degree Wellness. This includes timely payment of all fees. Degree Wellness retains the right to regulate the use of its marks, including in electronic media.
Unauthorized use of the marks, whether during or after the term of the agreement, constitutes a breach of contract and an infringement of Degree Wellness's rights. All goodwill established through the franchisee's use of the marks inures exclusively to the benefit of Degree Wellness. Degree Wellness also reserves the right to change its marks and specifications, and franchisees are required to conform to these changes at their own expense.