Who is the Degree Wellness Release binding upon?
Degree_Wellness Franchise · 2025 FDDAnswer from 2025 FDD Document
| THIS GENERAL RELEASE AGREEMENT ("Release") is made and entered into this day of, 20, by and between Degree Wellness Franchise, |
|---|
| LLC, |
| a |
| Delaware |
| limited |
| liability |
| company |
| ("Franchisor"), |
| and |
| , |
| a |
| corporation/limited |
| liability |
| company/partnership |
| (circle |
| one) |
| ("Franchisee"), |
| and |
| each |
| shareholder/member/partner of Franchisee (individually, an "Owner," |
| and collectively, |
| the "Owners") (collectively, Franchisor, Franchisee, and the Owners are referred to |
| hereinafter as the "Parties"). |
| WITNESSETH |
| WHEREAS, the Parties previously entered into that certain Franchise Agreement, |
| dated, 20 (the "Agreement") granting Franchisee a single |
| Degree Wellness |
| Studio |
| franchise of Franchisor for a specific Term (as defined in the |
| Agreement); and |
| WHEREAS, Franchisee desires to renew the Agreement for an additional Term (as |
| defined in the Agreement); and |
| WHEREAS, Section 2.4(c) of the Agreement requires Franchisee and each of its |
| Owners to execute, in favor of Franchisor and its officers, directors, agents, and employees, |
| and Franchisor's affiliates and their officers, directors, agents, and employees, as a |
| condition to renew the Agreement, a general release from liability of all claims that |
| Franchisee and its Owners may have against Franchisor and its affiliates and their |
| respective officers, directors, employees, and agents; and |
| WHEREAS, the Parties desire to enter into this Release to comply with the |
| requirements of the Agreement and preserve Franchisee's eligibility to renew the |
| Agreement. |
| NOW, THEREFORE, in consideration of the mutual agreements contained herein |
| and other valuable consideration, the Parties hereby agree as follows: |
| 1. |
| Recitals. The foregoing Recitals are incorporated into and made part of this |
| Release. |
| 2. |
| Release. Franchisee and each Owner, on behalf of themselves and their |
| present or former affiliated entities, predecessors, successors, assigns, heirs, and personal |
| representatives, as well as all other persons, firms, corporations, limited liability |
| companies, associations or partnerships or other affiliated entities claiming by or through |
Source: Item 23 — Receipts (FDD pages 66–257)
What This Means (2025 FDD)
According to Degree Wellness's 2025 Franchise Disclosure Document, the General Release Agreement is made between Degree Wellness Franchise, LLC, as the Franchisor, and the Franchisee, identified as a corporation/limited liability company/partnership, along with each shareholder/member/partner of the Franchisee, who are individually referred to as an "Owner" and collectively as the "Owners". All these parties—the Franchisor, Franchisee, and the Owners—are collectively referred to as the "Parties."
This release is required because the Franchisee desires to renew their Franchise Agreement for an additional term. Section 2.4(c) of the Franchise Agreement stipulates that as a condition for renewal, the Franchisee and each of its Owners must execute a general release from liability in favor of Degree Wellness and its officers, directors, agents, and employees, as well as Degree Wellness's affiliates and their respective officers, directors, employees, and agents. The purpose of the release is to waive all claims that the Franchisee and its Owners may have against Degree Wellness and its affiliates.
The release extends to the Franchisee and each Owner, covering themselves, their present or former affiliated entities, predecessors, successors, assigns, heirs, and personal representatives. It also includes all other persons, firms, corporations, limited liability companies, associations, partnerships, or other affiliated entities claiming by or through them. This ensures a comprehensive waiver of potential liabilities, allowing Degree Wellness to proceed with the franchise renewal without the risk of future claims from a wide range of related parties.