Who is responsible for the consequences if the Degree Wellness Computer System is not properly operated, maintained, and upgraded?
Degree_Wellness Franchise · 2025 FDDAnswer from 2025 FDD Document
Within sixty (60) days after you receive notice from us, you agree to obtain the components of the Computer System that we designate and require from time to time. You further acknowledge and agree that we and our affiliates have the right to charge a reasonable systems fee for software or systems installation services; modifications and enhancements specifically made for us or our affiliates that are licensed to you; and other maintenance and support Computer System-related services that we or our affiliates furnish to you. You will have sole responsibility for: (1) the acquisition, operation, maintenance, and upgrading of your Computer System; (2) the manner in which your Computer System interfaces with our computer system and those of third parties; and (3) any and all consequences that may arise if your Computer System is not properly operated, maintained, and upgraded.
Source: Item 23 — Receipts (FDD pages 66–257)
What This Means (2025 FDD)
According to Degree Wellness's 2025 Franchise Disclosure Document, the franchisee bears sole responsibility for any consequences arising from the improper operation, maintenance, or upgrading of their Computer System. This includes the acquisition, operation, and maintenance of the system, as well as how it interfaces with Degree Wellness's systems and third-party systems.
This allocation of responsibility means that if the Degree Wellness Computer System fails due to inadequate maintenance or improper upgrades, the franchisee is liable for any resulting damages or losses. This could include financial losses, operational disruptions, or legal liabilities. The franchisee must ensure that the system is properly managed and kept up-to-date to avoid these potential negative outcomes.
Degree Wellness acknowledges that they cannot estimate the future costs associated with the Computer System, including any additions or modifications. The franchisee agrees to incur these costs. This arrangement places the financial burden and risk of system-related issues squarely on the franchisee, highlighting the importance of budgeting for ongoing IT expenses and potential system upgrades.