factual

Under the Degree Wellness franchise agreement, what constitutes 'advertising' with respect to websites?

Degree_Wellness Franchise · 2025 FDD

Answer from 2025 FDD Document

  • b. You understand and acknowledge that our right to regulate the use of the Marks includes, without limitation, any use of the Marks in any form of electronic media, such as Websites or web pages, or as a domain name or electronic media identifier.
  • c. If you make any unauthorized use of the Marks either during or after the Term of this Agreement, it will constitute a breach of this Agreement and an infringement of our rights in and to the Marks.

Source: Item 23 — Receipts (FDD pages 66–257)

What This Means (2025 FDD)

According to the 2025 Degree Wellness Franchise Disclosure Document, the brand's right to regulate the use of its marks includes any use of the marks in any form of electronic media, such as websites or web pages, or as a domain name or electronic media identifier. Degree Wellness retains control over how its trademarks are used online by franchisees. Unauthorized use of the marks, including on websites, constitutes a breach of the franchise agreement and an infringement of Degree Wellness's rights.

Degree Wellness also has the right to deny a franchisee access to the Degree Wellness website or Intranet, remove a franchised business from the franchised business locator page and/or remove interior pages on the Degree Wellness Website, remove a franchised business from the list of franchised businesses to which inquiries are referred, remove a franchised business from the list of franchised businesses that are entitled to Degree Wellness-related discounts from approved vendors, and/or remove a franchised business from the list of franchised businesses that are approved to participate in national or other alliance programs if a franchisee is not in compliance with the franchise agreement.

This means that Degree Wellness franchisees must adhere to the franchisor's standards and guidelines when using the brand's trademarks online. Failure to comply with these standards could result in penalties, including loss of access to the Degree Wellness website and removal from online directories. Prospective franchisees should carefully review the franchise agreement and operating procedures to understand the specific requirements for online advertising and trademark usage.

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.