What is the Degree Wellness franchisee's obligation in the event of any minority owner transfer?
Degree_Wellness Franchise · 2025 FDDAnswer from 2025 FDD Document
- d.
Interests owned by persons other than the Principal Owners ("minority owners") may be Transferred without our advance consent unless the Transfer would give that transferee and any person or group of persons affiliated or having a common interest with the transferee more than a collective twentyfive percent (25%) Interest in Franchise Owner, in which case our advance written approval for the Transfer must be obtained.
In the event of any minority owner transfer, you will promptly notify us of the change in ownership or Interests.
Your formal partnership, corporation or other formation documents and all stock certificates, partnership units or other evidence of ownership must recite or bear a legend reflecting the transfer restrictions of this Paragraph 14.4.
Source: Item 23 — Receipts (FDD pages 66–257)
What This Means (2025 FDD)
According to the 2025 Degree Wellness Franchise Disclosure Document, in the event of a minority owner transfer, the franchisee must promptly notify Degree Wellness of the change in ownership or interests. Additionally, the franchisee's formal partnership, corporation, or other formation documents, along with all stock certificates, partnership units, or other evidence of ownership, must include a statement or legend that reflects the transfer restrictions outlined in Paragraph 14.4 of the franchise agreement.
This requirement ensures that Degree Wellness is kept informed about any changes in the ownership structure of the franchise, even if the changes involve minority owners. The notification allows Degree Wellness to maintain accurate records of ownership and to monitor compliance with the transfer restrictions specified in the franchise agreement. The inclusion of transfer restrictions in the franchisee's formation documents and ownership certificates serves as a constant reminder of these restrictions to all owners and potential transferees.
It's important to note that interests owned by individuals other than the principal owners (minority owners) can be transferred without Degree Wellness's advance consent, unless the transfer would result in the transferee and any affiliated parties holding more than a collective 25% interest in the Franchise Owner. In such cases, advance written approval from Degree Wellness is required before the transfer can proceed. This provision allows Degree Wellness to maintain control over significant changes in ownership that could potentially impact the operation or management of the franchise.