What is the Degree Wellness franchisee's obligation regarding the condition of the premises?
Degree_Wellness Franchise · 2025 FDDAnswer from 2025 FDD Document
which may be applicable to this Agreement. You acknowledge and agree that a breach of any provision of this Section 9.3 would cause immediate and irreparable harm to us. Therefore, you acknowledge and agree that the foregoing restraints are fair and reasonable, are required for the protection of our legitimate business interests, and do not impose any undue hardship on you.
10. DEGREE WELLNESS FRANCHISE OPERATING STANDARDS.
10.1 Condition and Appearance of the Franchise. You agree that:
a. neither the Franchise nor the Premises will be used for any purpose other than the operation of the Franchise in compliance with this Agreement;
b. you will maintain the condition and appearance of the Franchise; its equipment, furniture, furnishings, and signs; and the Premises in accordance with our standards and consistent with the image of a Degree Wellness Studio franchise as an efficiently operated business offering high quality services, and observing the highest standards of cleanliness, sanitation, efficient, courteous service and pleasant ambiance, and in that connection will take, without limitation, the following actions during the Term of this Agreement: (1) thorough cleaning, repainting and redecorating of the interior and exterior of the Premises at reasonable intervals; (2) interior and exterior repair of the Premises; and (3) repair or replacement of damaged, worn out or obsolete equipment, furniture, furnishings and signs;
c. you will not make any material alterations to the Premises or the appearance of the Franchise, as originally developed, without our advance written approval. If you do so, we have the right, at our option and at your expense, to rectify alterations we have not previously approved;
d. you will promptly replace or add new equipment when we reasonably specify in order to meet changing standards or new methods of service;
e. on notice from us, you will engage in remodeling, expansion, redecorating and/or refurnishing of the Premises and the Franchise to reflect changes in the operations of Degree Wellness franchises that we prescribe and require of new franchisees, provided that (1) no material changes will be required unless there are at least 2 years remaining on the Initial Term or any renewal Term of this Agreement (all actual changes will be subject to our approval); and (2) we have completed the proposed change in at least twenty-five percent (25%) of all similarly situated Degree Wellness and affiliate-owned Degree Wellness Studios, if there are any, and have undertaken a plan to make the proposed change in the balance of such Degree Wellness and affiliate-owned Studios;
f.
Source: Item 23 — Receipts (FDD pages 66–257)
What This Means (2025 FDD)
According to Degree Wellness's 2025 Franchise Disclosure Document, franchisees must maintain the condition and appearance of their franchise, including its equipment, furniture, furnishings, signs, and the premises. This maintenance must align with Degree Wellness's standards and the image of a high-quality, efficiently operated business.
To meet these standards, franchisees must thoroughly clean, repaint, and redecorate the interior and exterior of the premises at reasonable intervals. They are also responsible for interior and exterior repairs, as well as repairing or replacing any damaged, worn-out, or obsolete equipment, furniture, furnishings, and signs. Franchisees cannot make any material alterations to the premises or the appearance of the franchise without Degree Wellness's prior written approval. If unapproved alterations are made, Degree Wellness has the right to rectify them at the franchisee's expense.
Degree Wellness may also require franchisees to replace or add new equipment to meet changing standards or new service methods. Franchisees may also be required to remodel, expand, redecorate, or refurnish the premises to reflect changes in Degree Wellness's operations, provided that there are at least two years remaining on the current term and that Degree Wellness has implemented the changes in at least 25% of similarly situated Degree Wellness and affiliate-owned studios and has a plan to implement the change in the remaining studios. If a franchisee fails to maintain the premises as required, Degree Wellness has the right to enter the premises and make the necessary changes at the franchisee's expense, which the franchisee must reimburse on demand.