Are there any exceptions to the statute of limitations for claims against Degree Wellness?
Degree_Wellness Franchise · 2025 FDDAnswer from 2025 FDD Document
- 17.10 Waiver of Certain Damages and Jury Trial; Limitations of Actions.
Except with respect to your obligations to indemnify us and claims that we may bring under Sections 7, 9, 15, or 16 of this Agreement, and except for claims arising from your non-payment or underpayment of any amounts owed to us or our affiliates, (1) any and all claims arising out of or related to this Agreement or the relationship between you and us shall be barred, by express agreement of the parties, unless an action or proceeding is commenced within two (2) years from the date the cause of action accrues; and (2) you hereby waive to the fullest extent permitted by law, any right to or claim for any indirect, special, consequential, incidental, punitive, exemplary, or treble damages, and other forms of multiple damages, against us, including without limitation, any economic loss, property damage, physical injury, or lost profits arising out of this Agreement, your use of the Marks, the System, or your inability to use the Marks or the System, regardless of whether arising under breach of contract, warranty, tort, strict liability, or any other legal or equitable theory or claim, even if such loss or damage could have been reasonably foreseen.
Source: Item 23 — Receipts (FDD pages 66–257)
What This Means (2025 FDD)
According to Degree Wellness's 2025 Franchise Disclosure Document, the standard statute of limitations for claims is subject to certain exceptions. Franchisees have a limited timeframe to bring claims against Degree Wellness.
Specifically, any claims arising from the franchise agreement or the relationship between the franchisee and Degree Wellness must be initiated within two years from when the cause of action accrues. Failure to commence an action within this two-year period will result in the claim being barred.
However, this limitation does not apply to the franchisee's obligations to indemnify Degree Wellness, nor does it apply to claims Degree Wellness may bring against the franchisee under Sections 7, 9, 15, or 16 of the agreement. Additionally, claims arising from the franchisee's non-payment or underpayment of amounts owed to Degree Wellness or its affiliates are also exempt from this two-year limitation. This means Degree Wellness has a longer period to pursue these specific types of claims compared to the franchisee's general claims against them.