Does the Degree Wellness franchise agreement intend to limit or replace the professional judgment of the franchisee or their general manager?

s related to the services offered by the Franchise under this Agreement are not intended to limit or replace the professional judgment of you, or any General Manager or any employee of the Franchise, in supervising and performing the services offered by your Franchise. The specifications, programs, standards, and operating procedures represent only the minimum standards, and you and your General Manager (if any) are solely responsible for ensuring that the Franchise performs services in accordance with all applicable laws, rules, regulations, requirements and standards of care.

Nothing in this Agreement shall obligate you or your General Manager (if any) to perform any act that is contrary to your or your General Manager's (if any) professional judgment; provided, however, that you must notify us immediately upon your determination that any specification, program, standard or operating procedure is contrary to your or your General Manager's (if any) professional judgment. Without limiting the generality of the foregoing, you acknowledge and agree that nothing contained in this Agreement or in any other agreement entered into by you in connection with this Agreement, shall be deemed to: (a) grant ownership or exclusive control of your patient records to us or any third party; (b) grant us direct or indirect control over the hiring or firing of any of your personnel who provide clinical services to your patients, or otherwise enable us to influence or control your employment decisions and practices; (c) impose, directly or indirectly, any requirements that affect your exercise of professional judgment in creating treatment plans and delivering clinical services and products to patients; or (d) directly or indirectly transfer legal liability from you to us with respect to the content of advertising or the implementation of any marketing program undertaken to promote your practice.

You further acknowledge and agree that all services and products that constitute the practice of medicine, or heath care, in your State will be provided to patients only by health care professionals that are duly licensed to provide the applicable services and products, in accordance with all applicable laws, rules and regulations, and that no entity (including us or any entity that you may form to operate your Franchised Business) will have any authority, control or influence over the scope of such services or products or the manner in which they are supplied. In the event that you enter into any Management Agreement or similar

arrangement with respect to the provision of any professional services, we reserve the right, but do not assume the obligation, to review and approve such agreement.

20. ENTIRE AGREEMENT.

This Agreement, together with the introduction and exhibits to it, constitutes the entire agreement between us, and there are no other oral or written understandings or agreements between us concerning the subject matter of this Agreement. Notwithstanding, in accordance with federal law, nothing in this Agreement shall require you to waive reliance on any representation made in the FDD. This Agreement may be modified only by written agreement signed by both you and us, except that we may modify the Operations Manual at any time as provided herein.

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The parties to this Agreement now execute and deliver this Agreement in multiple counterparts as of the date of the last signature below.

Source: Item 23 — Receipts (FDD pages 66–257)