For Degree Wellness, if more than one party is referred to as Developer, what is the nature of their obligations and liabilities?
Degree_Wellness Franchise · 2025 FDDAnswer from 2025 FDD Document
- 17.15 Joint and Several Liability. If two (2) or more persons are the Franchise Owner under this Agreement, their obligation and liability to us shall be joint and several.
Source: Item 23 — Receipts (FDD pages 66–257)
What This Means (2025 FDD)
According to the 2025 Degree Wellness Franchise Disclosure Document, if two or more persons are the Franchise Owner, their obligations and liabilities to Degree Wellness are joint and several. This means that each individual is fully responsible for all the debts and obligations of the franchise, up to the full amount. Degree Wellness can pursue any one of them, or all of them, to fulfill the obligations under the agreement.
This has significant implications for prospective franchisees. If you are entering into a Degree Wellness franchise agreement with multiple partners, each partner is taking on substantial risk. Even if one partner fails to meet their obligations, the other partners are still fully liable. This arrangement protects Degree Wellness by ensuring they can recover any losses or enforce the agreement effectively.
Joint and several liability is a common practice in franchising, especially when multiple individuals or entities are involved in the ownership of a franchise. It is crucial for all potential Degree Wellness franchisees to fully understand the implications of this clause and to seek legal counsel to assess their individual risks and responsibilities before signing the franchise agreement.