What is the Clean Your Dirty Face franchisee's responsibility regarding compliance of Membership Agreements with applicable laws?
Clean_Your_Dirty_Face Franchise · 2025 FDDAnswer from 2025 FDD Document
When selling Memberships, you will use a form of Membership Agreement that we approve, and you will not make any modifications in the form of Membership Agreement without our prior written consent. Notwithstanding the foregoing, you acknowledge that you are responsible for ensuring that the Membership Agreements comply with all applicable laws and you may modify the Membership Agreements to the extent necessary to comply with such applicable laws, provided that you provide us with immediate notice of all such modifications. You acknowledge and agree that, subject to the preceding sentence, any Membership Agreement that has been modified without our consent shall be void.
Source: Item 22 — CONTRACTS (FDD page 54)
What This Means (2025 FDD)
According to Clean Your Dirty Face's 2025 Franchise Disclosure Document, franchisees are responsible for ensuring that their Membership Agreements comply with all applicable laws. While Clean Your Dirty Face provides a standard Membership Agreement form, franchisees must make any modifications necessary to meet legal requirements in their specific jurisdiction. Franchisees are required to notify Clean Your Dirty Face immediately of any such modifications. Any Membership Agreement modified without Clean Your Dirty Face's consent is considered void, unless the modification was necessary to comply with applicable laws and the franchisor was notified.
This requirement places a significant responsibility on the franchisee to stay informed about relevant laws and regulations. It is recommended that franchisees consult with legal counsel to ensure their Membership Agreements are compliant. This is especially important because laws regarding consumer contracts, data privacy, and automatic renewals can vary significantly by state and locality. Failure to comply with these laws could result in legal penalties and liabilities for the franchisee.
Clean Your Dirty Face also retains the right to modify the types and terms of Memberships offered, terminate the right to offer certain types of Memberships, and approve or require other types of Memberships for sale. Franchisees must also comply with all System Standards and Clean Your Dirty Face's standards, policies, and procedures when offering Memberships for sale. Clean Your Dirty Face may suspend, revoke, or terminate a franchisee's right to offer Memberships at any time. This highlights the importance of franchisees maintaining open communication with Clean Your Dirty Face and staying updated on any changes to Membership policies and procedures.