Under the Degree Wellness Agreement, what liability does Degree Wellness assume by denying any request?
Degree_Wellness Franchise · 2025 FDDAnswer from 2025 FDD Document
- 17.5 No Guarantees. If in connection with this Agreement we provide to you any waiver, approval, consent, or suggestion, or if we neglect or delay our response or deny any request for any of those, then we will not be deemed to have made any warranties or guarantees and will not assume any liability or obligation to you as a result.
Source: Item 23 — Receipts (FDD pages 66–257)
What This Means (2025 FDD)
According to Degree Wellness's 2025 Franchise Disclosure Document, Degree Wellness does not assume liability or obligation to the franchisee if they provide any waiver, approval, consent, or suggestion, or if they neglect or delay their response, or deny any request. This means that Degree Wellness can deny a franchisee's request without being held liable for any resulting damages or losses the franchisee may incur.
This lack of liability extends to various aspects of the franchise relationship. For example, if a franchisee requests approval for a specific marketing campaign and Degree Wellness denies the request, Degree Wellness is not liable if the franchisee's business suffers as a result. Similarly, if Degree Wellness provides a suggestion that ultimately proves detrimental to the franchisee's operations, Degree Wellness is not held responsible.
This provision underscores the importance of franchisees carefully considering all decisions and actions related to their Degree Wellness business. Franchisees should not rely solely on approvals, consents, or suggestions from Degree Wellness without conducting their own due diligence and risk assessment. The franchisee bears the ultimate responsibility for the success or failure of their business, even when following guidance from the franchisor.
This aspect of the franchise agreement is not uncommon, as franchisors often seek to limit their liability and maintain control over the brand and system. However, prospective franchisees should be aware of this provision and understand the implications before entering into a franchise agreement with Degree Wellness.