Does the Degree Wellness franchise agreement require the franchisee to identify themselves as an independent owner?
Degree_Wellness Franchise · 2025 FDDAnswer from 2025 FDD Document
8.3 Responsibility for Acts and Omissions; Indemnification.
- a. You acknowledge that you are the sole and independent owner of your Franchised Business, you are and will be in full control thereof, and you will conduct the business solely in accordance with your own judgment and discretion, subject only to the provisions of this Agreement. As indicated in Section 8.1, you must conspicuously identify yourself, internally and to third parties, as the independent owner of the Franchised Business and as a franchisee of Degree Wellness, and neither you nor any of your employees should represent to any third parties that you are employees or agents of Degree Wellness. You agree that as between you and us, you are solely responsible for the effects, outcomes and consequences of your acts and omissions and the acts and omissions of your employees, representatives and agents in connection with or relating to the operation of your Franchised Business.
- b. We will not assume any liability or be deemed liable for any agreements, representations, or warranties you make that are not expressly authorized under this Agreement, nor will we be obligated for any damages to any person or property directly or indirectly arising out
Source: Item 23 — Receipts (FDD pages 66–257)
What This Means (2025 FDD)
According to Degree Wellness's 2025 Franchise Disclosure Document, franchisees must acknowledge and identify themselves as the sole and independent owners of their franchised business. This means a Degree Wellness franchisee has full control over their business operations, subject to the terms outlined in the franchise agreement. Franchisees must conspicuously identify themselves as independent owners and Degree Wellness franchisees, both internally and to external parties. They, along with their employees, cannot represent themselves as employees or agents of Degree Wellness.
This requirement emphasizes the franchisee's autonomy and responsibility in managing their Degree Wellness studio. It also clarifies that the franchisee is responsible for the outcomes and consequences of their actions, as well as those of their employees and agents, in connection with the operation of the franchised business. This independence extends to the franchisee's judgment and discretion in running the business, within the framework of the franchise agreement.
Degree Wellness will not be held liable for any unauthorized agreements, representations, or warranties made by the franchisee. Additionally, Degree Wellness is not obligated for damages arising from the franchisee's business operations, regardless of whether such damages are caused by negligence, willful action, or professional malpractice. This provision protects Degree Wellness from liabilities stemming from the franchisee's operational decisions and actions.
This arrangement is typical in franchising, where franchisees operate as independent business owners while adhering to the franchisor's system and standards. Prospective Degree Wellness franchisees should understand the implications of this independent owner status, including their responsibilities for business operations, legal compliance, and potential liabilities.