What happens if any lawful requirement makes a provision of the Degree Wellness agreement invalid?
Degree_Wellness Franchise · 2025 FDDAnswer from 2025 FDD Document
- b. If any lawful requirement or court order of any jurisdiction (1) requires a greater advance notice of the termination or non-renewal of this Agreement than is required under this Agreement, or the taking of some other action which is not required by this Agreement, or (2) makes any provision of this Agreement or any specification, program, standard, or operating procedure we prescribed invalid or unenforceable, then the advance notice and/or other action required or revision of the specification,
program, standard, or operating procedure will be substituted for the comparable provisions of this Agreement in order to make the modified provisions enforceable to the greatest extent possible. You agree to be bound by the modification to the greatest extent lawfully permitted.
Source: Item 23 — Receipts (FDD pages 66–257)
What This Means (2025 FDD)
According to Degree Wellness's 2025 Franchise Disclosure Document, if any lawful requirement or court order deems a provision of the agreement invalid or unenforceable, revisions will be made to ensure the modified provisions are enforceable to the greatest extent possible. This also applies to any specification, program, standard, or operating procedure prescribed by Degree Wellness. The franchisee agrees to be bound by these modifications to the greatest extent lawfully permitted.
This clause ensures that the Degree Wellness franchise agreement remains compliant with local, state, and federal laws. It protects both the franchisor and franchisee by allowing for necessary adjustments without invalidating the entire agreement. It also means that Degree Wellness can adapt its operating procedures and standards to meet legal requirements, ensuring consistency and compliance across all franchise locations.
For a prospective Degree Wellness franchisee, this means that the terms of the franchise agreement may evolve over time due to legal or regulatory changes. While Degree Wellness will attempt to maintain the original intent of the agreement, franchisees must be prepared to adapt to these changes. It is important to stay informed about any modifications and understand how they may impact the operation of the franchise. Franchisees should maintain open communication with Degree Wellness to address any concerns or questions regarding these changes.