Does the Degree Wellness franchise agreement provide for cumulative remedies?
Degree_Wellness Franchise · 2025 FDDAnswer from 2025 FDD Document
- 17.7 Cumulative Remedies. The rights and remedies specifically granted to either you or us by this Agreement will not be deemed to prohibit either you or us from exercising any other right or remedy provided under this Agreement or permitted by law or equity.
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 does address cumulative remedies. Section 17.7 of the agreement states that the rights and remedies granted to either the franchisee or Degree Wellness do not prohibit either party from using any other right or remedy available under the agreement, or permitted by law or equity.
This means that if Degree Wellness chooses to pursue one legal avenue to address a breach of contract, it does not forfeit its right to pursue other remedies simultaneously or at a later date. This is a common clause in franchise agreements, allowing franchisors flexibility in how they respond to franchisee defaults.
For a prospective Degree Wellness franchisee, this clause indicates that the franchisor has significant latitude in enforcing the franchise agreement and is not limited to a single course of action if the franchisee violates the agreement. It is important for franchisees to understand all potential remedies available to Degree Wellness and to operate their business in compliance with the franchise agreement to avoid triggering these remedies.