Are there any agreements that significantly limit Degree Wellness's right to use or license the marks?
Degree_Wellness Franchise · 2025 FDDAnswer from 2025 FDD Document
Other than stated above, no agreement significantly limits our right to use or license the Marks in a manner material to your Studio franchise.
Your right to use the Marks is derived solely from your Franchise Agreement, and is limited to your conduct of business in compliance with the Franchise Agreement and all applicable specifications, standards, and operating procedures we prescribe during the term of your franchise, including, without limitation, timely payment of the Initial Franchise Fee, Continuing Franchise Fees, Fund contributions, and all other sums due to us. Any unauthorized use of the Marks by you will constitute an infringement of our rights in and to the Marks. Your use of the Marks and any goodwill established by them will be for our exclusive benefit, and your Franchise Agreement does not confer any goodwill or other interests in the Marks upon you. All provisions of your Franchise Agreement applicable to the Marks will apply to any additional proprietary trade and service marks and commercial symbols authorized for use by, and licensed to you under, your Franchise Agreement. You may not at any time during or after the term of your franchise contest, or assist any other person in contesting, the validity or ownership of any of the Marks.
Source: Item 13 — Trademarks (FDD pages 45–47)
What This Means (2025 FDD)
According to Degree Wellness's 2025 Franchise Disclosure Document, there are no agreements that significantly limit their right to use or license the marks in a manner material to a Studio franchise. However, Degree Wellness cannot represent with certainty that they have exclusive or superior rights to the Marks in all geographic areas. It is possible that the Marks have been used by others. Degree Wellness does not have a federal registration for all of its principal trademarks. Therefore, some of Degree Wellness's trademarks do not have as many legal benefits and rights as a federally registered trademark. If Degree Wellness's right to use the trademark is challenged, a franchisee may have to change to an alternative trademark, which may increase their expenses.
Degree Wellness grants franchisees the right to operate their Degree Wellness franchise using their principal Marks: the name "Degree Wellness" the stylized "d" and " ENERGY FOR LIFE", in their Degree Wellness franchise. Franchisees must use the Marks as the sole identification of their franchise, but must also identify themselves as the independent owner of the franchise in the manner Degree Wellness prescribes. Franchisees may not use any Mark as part of any corporate or trade name, or with any prefix, suffix, or other modifying words, terms, designs or symbols, or in any modified form.
If Degree Wellness decides that it is advisable for them and/or the franchisee to modify or discontinue use of any Mark and/or use one or more additional or substitute trade or service marks, then the franchisee must comply with Degree Wellness's instructions to do so within a reasonable time after receiving notice from them at the franchisee's own expense, and Degree Wellness need not reimburse the franchisee for any loss of revenue due to any modified or discontinued Mark. Degree Wellness will indemnify the franchisee against, and reimburse them for, (1) all damages for which they are held liable in any judicial or administrative proceeding arising out of their use of any Mark in compliance with their Franchise Agreement; and (2) all costs they reasonably incur in defending against any claim brought against them or in any proceeding in which they are named as a party, provided that they have timely notified Degree Wellness of the claim or proceeding, provided Degree Wellness with the opportunity to defend the claim, cooperated with the defense of the claim, and otherwise complied with the Franchise Agreement.