factual

Does Degree Wellness provide any cure period for defaults, and under what conditions?

Degree_Wellness Franchise · 2025 FDD

Answer from 2025 FDD Document

Transfer**. Our consent to a proposed Transfer pursuant to this Section 14 will not constitute a waiver of any claims we may have against you or any Principal Owner, nor will it be deemed a waiver of our right to demand exact compliance with any of the terms or conditions of this Agreement by the Proposed New Owner. Unless otherwise specified in writing, you will be subject to all post-Transfer/post-termination obligations set forth in this Agreement.

15. TERMINATION OF THE FRANCHISE.

  • 15.1 Event of Default. Subject to applicable law, you will be deemed to be in default under this Agreement, and we will have the right to terminate this Agreement effective upon delivery of notice of termination to you, subject only to any right to cure to the extent expressly set forth below or mandated pursuant to applicable law, if:

  • a. you do not develop or open the Franchise, or you (or any individuals required to attend) fail to attend and/or successfully complete any required initial training or subsequent mandatory training, in accordance with all terms and conditions (including, without limitation, time limits) provided for in this Agreement;

  • b. you abandon, surrender, transfer control of, lose the right to occupy the Premises of, or do not actively operate, the Franchise, or your lease for or purchase of the location of the Franchise is terminated for any reason;

  • c. you or your Principal Owners assign or Transfer this Agreement, any Interest, the Franchise, or assets of the Franchise without complying with the provisions of Section 14;

  • d. you are adjudged a bankrupt, become insolvent or make a general assignment for the benefit of creditors, or you fail to satisfy any judgment rendered against you for a period of 30 days after all appeals have been exhausted;

  • e. you use, sell, distribute or give away any services or products, or use any patient referral or marketing service, that has not been formally approved by us in writing and in advance for your specific Franchise or for the System as a whole;

  • f. you or any of your Principal Owners are convicted of or plead no contest to a felony or are convicted or plead no contest to any crime or offense that is likely to adversely affect the reputation of Degree Wellness, the Franchise, and/or the goodwill associated with the Marks, or otherwise engage in any dishonest, unethical, or other conduct that is reasonably likely to reflect materially and unfavorably on the goodwill or reputation of your Franchised Business, the Marks or the System;

  • g. you or any of your employees violate any health or safety law, ordinance or regulation, or operate the Franchise in a manner that presents a health or safety hazard to your customers or the public;

  • h. you do not pay when due any monies owed to us or our affiliates, and do not make such payment within ten (10) days after written notice is given to you (unless a longer cure period is otherwise required by applicable law, in which case such longer period shall apply);

  • i. if you under-report gross revenues for any period, as determined by an audit or inspection, in an amount greater than five percent (5%);

  • j.

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

What This Means (2025 FDD)

According to Degree Wellness's 2025 Franchise Disclosure Document, the franchise agreement can be terminated if a franchisee defaults. Termination is effective upon delivery of notice, but is subject to any right to cure expressly set forth in the agreement or mandated by applicable law.

Events of default that can lead to termination include failing to develop or open the franchise, not attending required training, abandoning the franchise, transferring the agreement without permission, bankruptcy, selling unapproved services or products, a felony conviction of the owner, or violating health and safety laws.

Additionally, if the franchisee's lease is in default, the landlord must notify Degree Wellness, who then has the option to cure the default and assume the lease. Degree Wellness has 10 days from receipt of notice to inform the landlord of their intent to cure the default and assume the lease. If Degree Wellness elects to cure the default, they have 30 days to do so, or a reasonable time if the default cannot be cured within 30 days.

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.