If Degree Wellness changes its Degree Wellness marks, who bears the expense of conforming to those changes?
Degree_Wellness Franchise · 2025 FDDAnswer from 2025 FDD Document
Degree Wellness has invested substantial time, energy, and money in the promotion and protection of its Marks as they exist on the date of this Agreement. However, rights in intangible property such as the Marks are often difficult to establish and defend. In addition, other circumstances, such as changes in the cultural and economic environment within which the System operates, changes in marketing or other strategies, or third-party challenges to Degree Wellness's rights in the Marks, may make changes in the Marks desirable or necessary. Degree Wellness therefore reserves the right to change its Marks and the specifications for each when we believe that such changes will benefit the System. You will promptly conform at your own expense, to any such changes. Degree Wellness need not reimburse you for any loss
Source: Item 23 — Receipts (FDD pages 66–257)
What This Means (2025 FDD)
According to Degree Wellness's 2025 Franchise Disclosure Document, Degree Wellness retains the right to modify its marks and specifications if it believes such changes will benefit the franchise system. As a Degree Wellness franchisee, you are responsible for conforming to these changes at your own expense. Degree Wellness is not obligated to reimburse you for any losses incurred as a result of these changes.
This means that if Degree Wellness decides to update its logos, trademarks, or other commercial symbols, you, as the franchisee, will have to pay for any necessary updates to signage, marketing materials, and other branded items to comply with the new standards. This could involve significant costs, depending on the extent of the changes and the amount of branded material you have.
This clause is fairly standard in franchising, as franchisors need the flexibility to update their brand to stay competitive and relevant. However, it's important for prospective Degree Wellness franchisees to be aware of this potential expense and factor it into their financial planning. You should inquire about the likelihood and potential frequency of such changes during your due diligence.