What opportunity do the parties have before accepting the terms of the Degree Wellness agreement?
Degree_Wellness Franchise · 2025 FDDAnswer from 2025 FDD Document
If you and we are unable to reach such an agreement within 30 days after notice of the issue is given to the other party, or if fundamental changes to this Agreement are required to make it conform to the legal requirements, then we reserve the right to terminate this Agreement upon notice to you, in which case neither party shall have any liability to the other but all of your post-termination obligations set forth in Section 16 shall apply.
Source: Item 23 — Receipts (FDD pages 66–257)
What This Means (2025 FDD)
According to the 2025 FDD, if Degree Wellness and the franchisee are unable to reach an agreement within 30 days after notice of an issue, or if fundamental changes are required to conform to legal requirements, Degree Wellness reserves the right to terminate the agreement. In this case, neither party will have liability to the other, but the franchisee's post-termination obligations still apply.
This clause provides a limited window for both Degree Wellness and the prospective franchisee to negotiate terms or address concerns before the agreement becomes binding. If significant issues arise that cannot be resolved within 30 days, Degree Wellness can terminate the agreement without further obligation, except that the franchisee must still adhere to post-termination obligations. This could include clauses related to non-compete, confidentiality, or other restrictions that survive the end of the franchise relationship.
For a prospective franchisee, this means it is crucial to thoroughly review the franchise agreement and raise any concerns or necessary modifications promptly. The 30-day window is the opportunity to ensure the terms are acceptable before being locked into a longer-term commitment. Failure to address issues within this timeframe could result in Degree Wellness terminating the agreement, potentially after the franchisee has already invested time and resources in the opportunity.