Does Degree Wellness have to provide notice to the franchisee before seeking equitable remedies?
Degree_Wellness Franchise · 2025 FDDAnswer from 2025 FDD Document
Degree Wellness may take any or all of these actions in addition to or instead of giving you notice of default and/or termination under this Agreement. You acknowledge and agree that Degree Wellness's withholding of performance services in accordance with this Section 15.4 will not constitute a breach of this Agreement and/or a defense to the enforcement by us of any provision of this Agreement, including the right to receive payment of Continuing Franchise Fees as provided in Section 6.2. You also acknowledge and agree that, should we choose to withhold performance rather than terminate this Agreement, Degree Wellness's failure to exercise its right to terminate this Agreement will in no way constitute a waiver of its subsequent right to terminate this Agreement for the specified default or for any other default or to exercise any other remedies available to us under this Agreement, at law, or in equity.
Source: Item 23 — Receipts (FDD pages 66–257)
What This Means (2025 FDD)
According to Degree Wellness's 2025 Franchise Disclosure Document, Degree Wellness may take certain actions without providing notice of default or termination. Specifically, Degree Wellness can deny access to their website or intranet, remove the franchise from the business locator page or interior pages on the website, remove the franchise from referral lists, discount lists from approved vendors, and remove the franchise from alliance programs.
These actions can be taken if a franchisee is not in full compliance with the franchise agreement. Degree Wellness has the discretion to take these actions until the breach or default is corrected, or until the agreement is terminated.
The FDD states that Degree Wellness's decision to withhold performance services will not be considered a breach of the agreement, nor will it prevent Degree Wellness from enforcing any provision of the agreement, including the right to receive Continuing Franchise Fees. Furthermore, if Degree Wellness chooses to withhold performance rather than terminate the agreement, it does not waive its right to terminate the agreement later for the same or any other default, or to exercise any other available remedies.