Does the Degree Wellness franchise agreement include waivers?
Degree_Wellness Franchise · 2025 FDDAnswer from 2025 FDD Document
- 17.5 No Guarantees.
If in connection with this Agreement we provide to you any waiver, approval, consent, or suggestion, or if we neglect or delay our response or deny any request for any of those, then we will not be deemed to have made any warranties or guarantees and will not assume any liability or obligation to you as a result.
14. TERMINATION OF THE FRANCHISE.
14.7 Effect of Consent to Transfer. Our consent to a proposed Transfer pursuant to this Section 14 will not constitute a waiver of any claims we may have against you or any Principal Owner, nor will it be deemed a waiver of our right to demand exact compliance with any of the terms or conditions of this Agreement by the Proposed New Owner. Unless otherwise specified in writing, you will be subject to all post-Transfer/post-termination obligations set forth in this Agreement.
15.4 Withholding of Performance. Degree Wellness will perform its obligations under this Agreement if you are in full compliance with all or your duties and obligations to Degree Wellness under this Agreement and the Operations Manual (including any documents incorporated therein).
If you are not in such compliance, we may, in our sole judgment, do any or all of the following until you fully correct the breach or default or Degree Wellness terminates this Agreement.
You acknowledge and agree that Degree Wellness's withholding of performance services in accordance with this Section 15.4 will not constitute a breach of this Agreement and/or a defense to the enforcement by us of any provision of this Agreement, including the right to receive payment of Continuing Franchise Fees as provided in Section 6.2. 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, the franchise agreement contains provisions related to waivers. Specifically, if Degree Wellness provides any waiver, approval, consent, or suggestion, or if they neglect or delay their response or deny any request, it will not be deemed as making any warranties or guarantees, nor will Degree Wellness assume any liability or obligation to the franchisee as a result. This means that any form of leniency or guidance from Degree Wellness does not create any additional responsibility or legal obligation for them.
Additionally, the agreement states that Degree Wellness's consent to a proposed transfer of the franchise does not constitute a waiver of any claims they may have against the current franchisee or any principal owner. It also does not waive their right to demand exact compliance with the terms of the agreement by the proposed new owner. This ensures that Degree Wellness retains all rights and claims, even after approving a transfer of ownership.
Furthermore, if Degree Wellness withholds certain performance services due to a franchisee's non-compliance, this action will not be considered a breach of the agreement or a defense against Degree Wellness's enforcement of any provision, including the right to receive payments. Also, if Degree Wellness chooses to withhold performance rather than terminate the agreement, this does not waive their right to later terminate the agreement for the same or any other default, or to exercise any other available remedies. This protects Degree Wellness's ability to enforce the agreement and address any ongoing issues with the franchisee's compliance.