factual

What obligation does the franchisee have regarding financing statements for Degree Wellness's security interest?

Degree_Wellness Franchise · 2025 FDD

Answer from 2025 FDD Document

To secure your performance under this Agreement and indebtedness for all sums due us or our affiliates, we shall have a lien upon, and you hereby grant us a security interest in, the following collateral and any and all additions, accessions, and substitutions to or for it and the proceeds from all of the same: (a) all inventory now owned or after-acquired by the Franchise, including but not limited to all inventory and supplies transferred to or acquired by you in connection with this Agreement; (b) all accounts of the Franchise now existing or subsequently arising, together with all interest in the Franchise, now existing or subsequently arising, together with all chattel paper, documents, and instruments relating to such accounts; (c) all contract rights of the Franchise, now existing or subsequently arising including, without limitation, accounts receivable and other contractual rights to payment from others; (d) all general intangibles of the Franchise, now owned or existing, or after-acquired or subsequently arising including, without limitation, all awards, damages, payments, escrowed monies, insurance proceeds, and interest, fees, charges or payments accruing on or received from or to be received on any of the foregoing in any way; and (e) all products, proceeds, substitutions, and replacements of any of the above described collateral.

You agree to execute such financing statements, instruments, and other documents, in a form satisfactory to us, that we deem necessary so that we may establish and maintain a valid security interest in and to these assets, and you authorize us to file, without your signature, such financing statements as we shall deem necessary or advisable to reflect the security interest granted herein.

Source: Item 23 — Receipts (FDD pages 66–257)

What This Means (2025 FDD)

According to Degree Wellness's 2025 Franchise Disclosure Document, franchisees are obligated to support the establishment and maintenance of the franchisor's security interest. Degree Wellness requires franchisees to execute financing statements, instruments, and other documents deemed necessary by Degree Wellness in a form satisfactory to them. These documents enable Degree Wellness to establish and maintain a valid security interest in the franchisee's assets.

Specifically, Degree Wellness is granted a security interest in a range of collateral, including all inventory (both current and after-acquired), accounts, contract rights, and general intangibles of the franchise. This security interest extends to all products, proceeds, substitutions, and replacements of the described collateral.

Furthermore, the franchisee authorizes Degree Wellness to file these financing statements without requiring the franchisee's signature. This authorization streamlines the process for Degree Wellness to protect its security interest in the franchisee's assets, ensuring they can act quickly and efficiently to secure their position. This is a fairly standard practice in franchising, as it protects the franchisor's investment and brand standards.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.