factual

Does a Degree Wellness franchisee have an obligation to hold harmless the franchisor?

Degree_Wellness Franchise · 2025 FDD

Answer from 2025 FDD Document

  • L. Indemnification.

Any provision in the franchise agreement or related agreements requiring the franchisee to indemnify, reimburse, defend, or hold harmless the franchisor or other parties is hereby modified such that the franchisee has no obligation to indemnify, reimburse, defend, or hold harmless the franchisor or any other indemnified party for losses or liabilities to the extent that they are caused by the indemnified party's negligence, willful misconduct, strict liability, or fraud.

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 initially requires franchisees to indemnify, reimburse, defend, or hold harmless the franchisor or other parties. However, this provision is modified by Washington state law.

Specifically, the modification states that a Degree Wellness franchisee is not obligated to indemnify, reimburse, defend, or hold harmless the franchisor or any other indemnified party for losses or liabilities to the extent that these losses or liabilities are caused by the indemnified party's negligence, willful misconduct, strict liability, or fraud. This means that while the franchisee may have some initial responsibility to protect Degree Wellness from certain claims, that responsibility is limited when the franchisor's own actions or failures contribute to the issue.

This modification provides some protection to the franchisee, ensuring they are not held responsible for issues arising from the franchisor's actions. However, franchisees should be aware of the specific conditions under which they might still be required to provide indemnification and should seek legal counsel to fully understand their obligations under the franchise agreement and applicable state laws.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.