What is required for a waiver to be valid under the Degree Wellness agreement?
Degree_Wellness Franchise · 2025 FDDAnswer from 2025 FDD Document
16.6 No course of dealing between the Parties, no waiver by either Party and no refusal or neglect of either Party to exercise any right hereunder or to enforce compliance with the terms of this Agreement shall constitute a waiver of any provision herein, unless such waiver is expressed in writing by the waiving Party and is clearly designated as a waiver to a specific provision(s) of this Agreement.
Source: Item 20 — OUTLETS AND FRANCHISEE INFORMATION (FDD pages 63–66)
What This Means (2025 FDD)
According to Degree Wellness's 2025 Franchise Disclosure Document, a waiver of any provision within the agreement between the parties (Management Company and Licensed Provider) is only valid if it meets specific criteria. The waiver must be expressed in writing by the party who is waiving their right. Furthermore, the written waiver must be clearly designated as a waiver to specific provisions of the agreement.
This requirement ensures that any waiver is intentional and unambiguous, protecting both parties from unintentional loss of rights. The stipulation that the waiver must be in writing provides a clear record of the agreement, reducing the potential for disputes based on verbal understandings or implied actions.
For a prospective Degree Wellness franchisee (the Licensed Provider), this means that any deviation from the terms of the agreement that they wish to secure from Degree Wellness or the Management Company must be documented precisely. It is not enough to have a verbal agreement or understanding; the waiver must be formally written and clearly identify the specific clauses being waived. This protects the franchisee by ensuring the waiver is legally enforceable and prevents future disagreements over the scope and validity of the waiver.