Does the Degree Wellness Franchise Agreement contain an integration/merger clause?
Degree_Wellness Franchise · 2025 FDDAnswer from 2025 FDD Document
| t. Integration/merger clause | Section 20 | Only | | | the | | | Franchise | | | Agreement | | | applies (subject to state and federal | | | law); all other agreements or promises | | | not enforceable, except that nothing | | | in the Franchise Agreement will | | | operate to waive or disclaim your | | | right to rely on the representations | | | and claims asserted in this FDD.
Source: Item 17 — Renewal, Termination, Transfer, and Dispute Resolution (FDD pages 49–59)
What This Means (2025 FDD)
According to Degree Wellness's 2025 Franchise Disclosure Document, the Franchise Agreement does contain an integration/merger clause. Section 20 of the Franchise Agreement specifies that only the Franchise Agreement itself applies, subject to state and federal law. This means that any other agreements or promises made outside of the Franchise Agreement are not enforceable.
However, there is an exception to this clause. The integration/merger clause does not waive or disclaim a franchisee's right to rely on the representations and claims asserted in the Franchise Disclosure Document (FDD). This is an important protection for franchisees, ensuring that they can hold Degree Wellness accountable for the information provided in the FDD.
In practical terms, this clause means that a prospective Degree Wellness franchisee should ensure that all important terms and conditions are included in the written Franchise Agreement. Any verbal promises or agreements made during the negotiation process should be documented and incorporated into the agreement to be legally binding. The FDD serves as a crucial reference point, and franchisees retain the right to rely on its contents, even if those contents are not explicitly repeated in the Franchise Agreement.