Is Degree Wellness liable for agreements, representations, or warranties made by the franchisee that are not expressly authorized under the franchise agreement?
Degree_Wellness Franchise · 2025 FDDAnswer from 2025 FDD Document
- b. We will not assume any liability or be deemed liable for any agreements, representations, or warranties you make that are not expressly authorized under this Agreement, nor will we be obligated for any damages to any person or property directly or indirectly arising out
of the operation of the business you conduct pursuant to this Agreement, whether or not caused by your negligent or willful action or failure to act or acts or omissions deemed to be professional malpractice.
Source: Item 23 — Receipts (FDD pages 66–257)
What This Means (2025 FDD)
According to Degree Wellness's 2025 Franchise Disclosure Document, franchisees are independently responsible for their actions and omissions related to their franchised business. Degree Wellness will not be held liable for any agreements, representations, or warranties made by the franchisee that are not expressly authorized in the franchise agreement. This means that if a franchisee makes promises or agreements that go beyond what is outlined in the franchise agreement, Degree Wellness is not obligated to honor those commitments.
This provision protects Degree Wellness from potential legal issues arising from unauthorized actions by its franchisees. It also reinforces that the franchisee is an independent business owner, responsible for their own operations and decisions. Franchisees must ensure that all agreements, representations, and warranties they make to customers or other parties are in line with the terms of the franchise agreement to avoid potential liability.
For a prospective Degree Wellness franchisee, this underscores the importance of understanding the scope and limitations of the franchise agreement. It is crucial to avoid making any promises or representations that are not explicitly authorized by Degree Wellness. Failure to adhere to this could result in the franchisee being solely responsible for any resulting damages or liabilities. This is a fairly standard clause in franchise agreements, intended to protect the franchisor from unauthorized actions of franchisees.