factual

Under what circumstances can Degree Wellness terminate the Development Agreement without allowing the Developer an opportunity to cure?

Degree_Wellness Franchise · 2025 FDD

Answer from 2025 FDD Document

  • 6.2 Franchisor will have the right, at its option, to terminate this Agreement and all rights granted to Developer hereunder, without affording Developer any opportunity to cure such default, effective upon written notice to Developer, upon the occurrence of any of the following events: (i) if Developer ceases to actively engage in development activities in the Site Selection Area or otherwise abandons its development business for three consecutive months, or any shorter period that indicates an objective intent by Developer to discontinue development of the Studios within the Site Selection Area; (ii) if Developer becomes insolvent or is adjudicated bankrupt, or if any action is taken by Developer, or by others against the Developer, under any insolvency, bankruptcy or reorganization act, or if Developer makes an assignment for the benefit of creditors or a receiver is appointed by the Developer; (iii) if Developer fails to meet its development obligations under the Development Schedule for any single Development Period, and fails to cure such default within 30 days of receiving notice thereof; and (iv) if any Franchise Agreement that is entered into in order to fulfill Developer's development obligations under this Agreement is terminated or subject to termination by Franchisor, pursuant to the terms of that Franchise 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 has the option to terminate the Development Agreement without providing the Developer an opportunity to cure under specific circumstances. These circumstances include if the Developer ceases to actively engage in development activities in the Site Selection Area or abandons its development business for three consecutive months, or any shorter period that indicates an objective intent to discontinue development of the Studios within the Site Selection Area.

Additionally, Degree Wellness can terminate the agreement without an opportunity to cure if the Developer becomes insolvent or is adjudicated bankrupt, or if any action is taken by the Developer, or by others against the Developer, under any insolvency, bankruptcy or reorganization act, or if the Developer makes an assignment for the benefit of creditors or a receiver is appointed by the Developer.

Furthermore, Degree Wellness can terminate the agreement without an opportunity to cure if any Franchise Agreement that is entered into in order to fulfill Developer's development obligations under this Agreement is terminated or subject to termination by Franchisor, pursuant to the terms of that Franchise Agreement.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.