Under what circumstances can Staffer assign the Degree Wellness agreement to another entity?
Degree_Wellness Franchise · 2025 FDDAnswer from 2025 FDD Document
Staffer may assign any or all of its rights and delegate any or all of its obligations hereunder to any of its affiliates. Staffer may also assign all or any part of its right, title and interest in any payments to be received hereunder by Staffer to a bank or any other financial institution or any person from which Staffer has obtained, or will obtain, financing, and Staffer may grant a security interest in such payments. Notwithstanding the provisions of this Section 9, Staffer may assign this Agreement to an entity of any kind succeeding to the business of Staffer in connection with the merger, consolidation, or transfer of all or substantially all of the assets and business of Staffer to such successor. Group may not assign any of its rights or delegate any of its duties or obligations hereunder without the prior written consent of Staffer. All of the terms, provisions, covenants, conditions, and obligations of this Agreement shall be binding upon, and inure to the benefit of, the successors in interest and permitted assigns of the parties hereto.
11. FORCE MAJEURE.
Source: Item 20 — OUTLETS AND FRANCHISEE INFORMATION (FDD pages 63–66)
What This Means (2025 FDD)
According to Degree Wellness's 2025 Franchise Disclosure Document, Staffer (the franchisee) has limited rights to assign the Staffing and Ancillary Services Agreement to another entity. Generally, the franchisee cannot assign their rights or delegate duties without prior written consent from Degree Wellness.
However, Degree Wellness permits Staffer to assign the agreement under specific circumstances. Staffer can assign rights and obligations to its affiliates. Staffer is also allowed to assign rights, title, and interest in payments to a bank, financial institution, or any person providing financing to Staffer, and may grant a security interest in such payments.
Furthermore, Staffer can assign the agreement to an entity that succeeds to Staffer's business through a merger, consolidation, or transfer of substantially all of Staffer's assets and business to the successor entity. This provides some flexibility for the franchisee in cases of business restructuring or acquisition. Degree Wellness retains the right to assign the agreement to Degree Wellness or Degree Wellness's designee at any time.