Does the Degree Wellness franchise agreement allow for unilateral waivers of obligations?
Degree_Wellness Franchise · 2025 FDDAnswer from 2025 FDD Document
You also acknowledge and agree that, should we choose to withhold performance rather than terminate this Agreement, Degree Wellness's failure to exercise its right to terminate this Agreement will in no way constitute a waiver of its subsequent right to terminate this Agreement for the specified default or for any other default or to exercise any other remedies available to us under this Agreement, at law, or in equity.
Source: Item 23 — Receipts (FDD pages 66–257)
What This Means (2025 FDD)
According to the 2025 Degree Wellness Franchise Disclosure Document, Degree Wellness retains its rights to terminate the agreement for a specific default or any other default, even if they initially choose to withhold performance rather than terminate.
Specifically, if a Degree Wellness franchisee is not in full compliance with their obligations, Degree Wellness can take actions such as denying access to their website or intranet, removing the franchised business from the locator page, or removing the business from lists for inquiries, discounts, or alliance programs. Degree Wellness can take these actions instead of or in addition to issuing a notice of default or termination.
The FDD states that Degree Wellness's decision to withhold performance will not be considered a breach of the agreement, nor will it prevent Degree Wellness from enforcing any provision of the agreement, including the right to receive payments. Furthermore, if Degree Wellness chooses to withhold performance instead of terminating the agreement, this does not waive their right to later terminate the agreement for the same or any other default, or to pursue other available remedies.