Are Degree Wellness franchisees allowed to represent themselves as employees or agents of Degree Wellness?
Degree_Wellness Franchise · 2025 FDDAnswer from 2025 FDD Document
debtedness or obligation of yours. Except as expressly authorized by this Agreement, neither you nor we will make any express or implied agreements, warranties, guarantees or representations, or incur any debt, in the name of or on behalf of the other, or represent that your and our relationship is other than that of franchisor and franchisee.
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.
Source: Item 23 — Receipts (FDD pages 66–257)
What This Means (2025 FDD)
According to Degree Wellness's 2025 Franchise Disclosure Document, franchisees are explicitly prohibited from representing themselves or their employees as agents or employees of Degree Wellness. The FDD emphasizes that franchisees are independent owners of their franchised business and must identify themselves as such to third parties. This requirement ensures clarity in the relationship between the franchisee, Degree Wellness, and customers, preventing any misrepresentation of affiliation.
This stipulation is crucial for managing liability and maintaining the integrity of the Degree Wellness brand. By ensuring that franchisees operate as independent entities, Degree Wellness limits its responsibility for the franchisees' actions, omissions, and any agreements they make that are not expressly authorized. This independence extends to the franchisee's responsibility for securing and maintaining all necessary licenses, permits, and compliance with applicable laws and regulations.
Furthermore, the FDD states that all written and electronic correspondence, paychecks, and other materials must clearly indicate that the franchisee is the employer, and Degree Wellness is not. This reinforces the independent contractor status of the franchisee and their employees. Franchisees are also responsible for establishing training programs for their employees and must ensure their employees maintain a neat and clean appearance, adhering to standards specified in the operations manual.
In practical terms, a prospective Degree Wellness franchisee must understand that they are entering into a business ownership role, not an employment position. They will be responsible for all aspects of their business's operations, including hiring, training, and compliance, without representing themselves or their staff as direct extensions of the Degree Wellness corporate entity. This independence offers the benefit of control over their business but also carries the responsibility for its success and legal adherence.