What is the 'Opening Deadline' for a Degree Wellness franchise, and where is it defined in the agreement?
Degree_Wellness Franchise · 2025 FDDAnswer from 2025 FDD Document
3.3 Development of the Franchise
a. You agree at your own expense to do the following (i) within 12 months of the date of this Agreement, or (ii) if you sign this Agreement pursuant to the purchase of a Development Agreement, by the Opening Deadline defined in Exhibit 1:
- (1) secure all financing required to fully develop the Franchise;
- (2) obtain all required building, utility, sign, health, sanitation and business permits and licenses and any other required permits and licenses;
- (3) construct the Franchise location according to the construction plans and specifications we have provided and/or approved;
- (4) decorate the Franchise location in compliance with plans and specifications we have provided and/or approved;
- (5) purchase and install all required equipment, furniture, furnishings and signs prior to commencing operations;
- (6) cause all the training requirements of Section 4 to be completed prior to commencing operations;
- (7) purchase an opening inventory of products and other supplies and materials prior to commencing operations;
- (8) provide proof prior to commencing operations, in a form satisfactory to us, that your operation of the Franchise at the Franchise location does not violate any applicable state or local zoning or land use laws, ordinances, or regulations, or any restrictive covenants that apply to such location;
(9) provide proof prior to commencing operations, in a form satisfactory to us, that you (and/or your General Manager, as defined in Section 4.1, if any) are legally authorized and have all licenses necessary to perform all of the services to be offered by your Franchise, and that your organizational structure is consistent with all legal requirements;
(10) at all times after commencing operations, utilize all approved internal and external marketing programs for the Franchise;
(11) prior to commencing operations, obtain Degree Wellness stationery, envelopes, and business cards;
(12) acquire all required insurance policies as required under Section 10.8 below;
(13) do any other acts necessary to open and operate the Franchise in accordance with this Agreement (including, without limitation, becoming fully active on our designated billing system as required under Section 3.4 below);
(14) obtain our approval to open the Franchise for business; and
(15) open the Franchise for business.
Source: Item 23 — Receipts (FDD pages 66–257)
What This Means (2025 FDD)
According to Degree Wellness's 2025 Franchise Disclosure Document, franchisees must fulfill several obligations to develop their franchise. If a franchisee signs the agreement as part of purchasing a Development Agreement, the 'Opening Deadline' is defined in Exhibit 1. Otherwise, the franchisee has 12 months from the date of the Franchise Agreement to complete the listed obligations.
These obligations include securing financing, obtaining necessary permits and licenses, constructing and decorating the franchise location according to Degree Wellness's specifications, purchasing and installing required equipment and signage, and completing all training requirements. Franchisees must also purchase an opening inventory, provide proof of compliance with zoning and land use laws, and ensure they and their general manager (if applicable) are legally authorized to perform the services offered.
Additionally, franchisees must utilize approved marketing programs, obtain Degree Wellness stationery, acquire required insurance policies, and take any other necessary actions to open and operate the franchise in accordance with the agreement. Ultimately, the franchisee must obtain Degree Wellness's approval to open the franchise and then open the franchise for business.