Does the Degree Wellness franchise agreement allow for involuntary transfers?
Degree_Wellness Franchise · 2025 FDDAnswer from 2025 FDD Document
- 14.6 Death and Disability. Upon the death or permanent disability of you or a Principal Owner, the executor, administrator, conservator or other personal representative of the deceased or disabled person must Transfer the deceased or disabled person's Interest within a reasonable time, not to exceed twelve (12) months from the date of death or permanent disability, to a person we have approved. Such Transfers, including without limitation transfers by a will or inheritance, will be subject to all the terms and conditions for assignments and Transfers contained in this Agreement. Failure to so dispose of an Interest within the 12-month period of time will constitute grounds for termination of this Agreement.
Source: Item 23 — Receipts (FDD pages 66–257)
What This Means (2025 FDD)
According to Degree Wellness's 2025 Franchise Disclosure Document, the franchise agreement addresses involuntary transfers specifically related to death or disability of the franchisee or a principal owner. In the event of death or permanent disability, the executor, administrator, conservator, or other personal representative is required to transfer the deceased or disabled person's interest within a period not exceeding twelve months to a person approved by Degree Wellness.
This transfer is subject to all the standard terms and conditions for assignments and transfers outlined in the franchise agreement. Failure to transfer the interest within the specified 12-month period can result in the termination of the franchise agreement. This clause ensures that the Degree Wellness franchise continues to operate under approved management even in unforeseen circumstances such as the franchisee's death or disability.
This provision is fairly standard in franchise agreements to protect the brand and ensure business continuity. It is important for prospective Degree Wellness franchisees to understand these conditions and consider them in their business and estate planning. Franchisees should clarify with Degree Wellness the specific procedures and criteria for approving a transferee in such situations to ensure a smooth transition if the need arises.