What happens if a provision of the Degree Wellness Agreement is held invalid or unenforceable?

According to Degree Wellness's 2025 Franchise Disclosure Document, if a court of competent jurisdiction determines that any provision or part of a provision within the Degree Wellness Agreement is invalid or unenforceable, the determination will not impact the remaining parts or provisions of the agreement. The remaining parts and provisions of the Degree Wellness Agreement will continue to remain in full force and effect. This is a fairly standard severability clause in franchise agreements.

This clause is designed to protect the overall validity of the agreement. Without it, a single unenforceable clause could potentially invalidate the entire contract, which would be detrimental to both Degree Wellness and the franchisee. By including this clause, Degree Wellness ensures that the core operational and financial aspects of the franchise relationship remain intact even if minor provisions are challenged and deemed invalid.

For a prospective Degree Wellness franchisee, this means that the essential terms of the franchise agreement, such as the franchise grant, fees, and operational requirements, will likely remain enforceable even if a specific clause is successfully challenged in court. However, it is important to consult with a legal professional to fully understand the implications of this clause and how it might affect your specific circumstances as a franchisee.