What specific actions or omissions by a Degree Wellness franchisee can trigger the indemnification clause?
Degree_Wellness Franchise · 2025 FDDAnswer from 2025 FDD Document
a. You acknowledge that you are the sole and independent owner of your Franchised Business, you are and will be in full control thereof, and you will conduct the business solely in accordance with your own judgment and discretion, subject only to the provisions of this Agreement. As indicated in Section 8.1, you must conspicuously identify yourself, internally and to third parties, as the independent owner of the Franchised Business and as a franchisee of Degree Wellness, and neither you nor any of your employees should represent to any third parties that you are employees or agents of Degree Wellness. You agree that as between you and us, you are solely responsible for the effects, outcomes and consequences of your acts and omissions and the acts and omissions of your employees, representatives and agents in connection with or relating to the operation of your Franchised Business.
- b. We will not assume any liability or be deemed liable for any agreements, representations, or warranties you make that are not expressly authorized under this Agreement, nor will we be obligated for any damages to any person or property directly or indirectly arising out
of the operation of the business you conduct pursuant to this Agreement, whether or not caused by your negligent or willful action or failure to act or acts or omissions deemed to be professional malpractice.
Source: Item 23 — Receipts (FDD pages 66–257)
What This Means (2025 FDD)
According to Degree Wellness's 2025 Franchise Disclosure Document, franchisees are responsible for their actions and omissions related to the operation of their franchised business. Specifically, Degree Wellness franchisees acknowledge that they are the sole and independent owners of their franchised business and will conduct the business based on their own judgment, subject to the franchise agreement. Franchisees must identify themselves as independent owners and Degree Wellness franchisees, and they cannot represent themselves as employees or agents of Degree Wellness.
Degree Wellness franchisees are solely responsible for the effects, outcomes, and consequences of their actions, omissions, and those of their employees, representatives, and agents. Degree Wellness will not be liable for any unauthorized agreements, representations, or warranties made by the franchisee.
Furthermore, Degree Wellness will not be obligated for damages to any person or property arising from the franchisee's business operations, whether caused by negligent or willful action, failure to act, or acts or omissions deemed professional malpractice. This means a Degree Wellness franchisee could be held liable for various operational issues, and Degree Wellness would be protected from liability in those cases.