Under the Degree Wellness Agreement, does Degree Wellness's acceptance of payments constitute a waiver of any breach?
Degree_Wellness Franchise · 2025 FDDAnswer from 2025 FDD Document
- 17.6 No Waiver. If at any time we do not exercise a right or power available to us under this Agreement or do not insist on your strict compliance with the terms of the Agreement, or if there develops a custom or practice that is at variance with the terms of this Agreement, then we will not be deemed to have waived our right to demand exact compliance with any of the terms of this Agreement at a later time. Similarly, our waiver of any particular breach or series of breaches under this Agreement, or of any similar term in any other agreement between us and any other Degree Wellness franchisee will not affect our rights with respect to any later breach. It will also not be deemed to be a waiver of any breach of this Agreement for us to accept payments that are due to us under this Agreement.
Source: Item 23 — Receipts (FDD pages 66–257)
What This Means (2025 FDD)
According to Degree Wellness's 2025 Franchise Disclosure Document, Degree Wellness's acceptance of payments that are due under the agreement does not constitute a waiver of any breach of the agreement.
Specifically, if Degree Wellness does not exercise a right or power available to them under the agreement, or does not insist on strict compliance with the terms of the agreement, this will not be deemed a waiver of their right to demand exact compliance with any terms at a later time. Furthermore, if a custom or practice develops that varies from the agreement terms, it does not waive Degree Wellness's right to demand compliance later.
Similarly, Degree Wellness's waiver of any particular breach or series of breaches under the agreement, or of any similar term in any other agreement between Degree Wellness and another franchisee, will not affect their rights regarding any later breach. This ensures that Degree Wellness retains all its rights and remedies under the agreement, even if it has previously overlooked or waived a breach.