Does a Master Service Agreement between Degree Wellness and a Service Provider have to address the provision and pricing of supplemental products or services?
Degree_Wellness Franchise · 2025 FDDAnswer from 2025 FDD Document
b. Software. We may, at any time and from time to time, contract with one or more software providers, business service providers, or other third parties (individually, a "Service Provider") to develop, license, or otherwise provide to or for the use and benefit of you and other Degree Wellness Franchises certain software, software applications, and software maintenance and support services related to the Computer System that you must or may use in accordance with our instructions with respect to your Computer System. Any such agreement between us and a Service Provider (a "Master Service Agreement") may, but need not, address such matters as the types of products and services to be provided (or not to be provided) to you or for your benefit as a Degree Wellness Franchise, the manner and timing in which such products and services may be provided, software licensing issues and restrictions, the permitted or non-permitted uses of any product or service provided under the Master Service Agreement, and the provision and pricing of supplemental products or services available from or through the Service Provider. You acknowledge and agree that we may reasonably require you to sign a support or service agreement with us or a third party Service Provider setting forth, among other things, requirements relating to the installation of any such products or services, licensure of and/or the manner in which you may use any such products or services, payments and taxes, liability and indemnification of us and/or the Service Provider, confidential information and proprietary rights, suspension or termination of products or services provided thereunder, assignment of rights and delegation of duties thereunder, governing law and jurisdiction, pricing, and supplemental products and services available to or for
Source: Item 23 — Receipts (FDD pages 66–257)
What This Means (2025 FDD)
According to Degree Wellness's 2025 Franchise Disclosure Document, a Master Service Agreement between Degree Wellness and a Service Provider does not necessarily have to address the provision and pricing of supplemental products or services. The agreement may, but is not required to, address this matter. This agreement is between Degree Wellness and the Service Provider, not the franchisee. However, Degree Wellness may require the franchisee to sign a Service Agreement with Degree Wellness or a third-party Service Provider.
The Master Service Agreement outlines the types of products and services provided (or not provided) to Degree Wellness franchisees, the manner and timing of these services, software licensing issues, permitted uses, and the provision and pricing of supplemental products or services. Degree Wellness retains the discretion to determine the contents of the Master Service Agreement.
The franchisee may be required to sign a separate Service Agreement with Degree Wellness or a third-party Service Provider. This agreement would cover requirements for installation, licensure, usage, payments, taxes, liability, indemnification, confidential information, proprietary rights, suspension or termination of services, assignment of rights, governing law, pricing, and supplemental products and services. The franchisee must sign this Service Agreement upon signing the franchise agreement or promptly after receiving notice from Degree Wellness.
In practice, this means that while the Master Service Agreement between Degree Wellness and its Service Provider might touch on supplemental products and services, it's not mandatory. However, franchisees should pay close attention to any Service Agreements they are required to sign, as these agreements will detail their obligations and the costs associated with any supplemental offerings. Franchisees should clarify with Degree Wellness what supplemental products or services are available, their costs, and the terms and conditions of any related Service Agreements.