Must Clean Your Dirty Face franchisees use a written agreement for Memberships?
Clean_Your_Dirty_Face Franchise · 2025 FDDAnswer from 2025 FDD Document
You will offer and sell monthly service plans, under which you must provide a specified number of services per month, in accordance with our System Standards ("Memberships"). All Memberships must be evidenced by a written agreement (which may be an electronic agreement) (a "Membership Agreement") and may not be for a term that extends beyond the expiration of this Agreement. 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. We may modify the types and terms of Memberships to be offered, terminate your right to offer certain types of Memberships, and/or approve or require other types of Memberships for sale.
You will only offer Memberships for sale in strict compliance with System Standards and our standards, policies and procedures. If we authorize you to sell Memberships, you will nevertheless be responsible to determine that you may do so under all laws and regulations
Source: Item 22 — CONTRACTS (FDD page 54)
What This Means (2025 FDD)
According to the 2025 Clean Your Dirty Face Franchise Disclosure Document, if franchisees offer monthly service plans (Memberships), they must use a written agreement. These plans provide a specified number of services per month, following Clean Your Dirty Face's System Standards. The written agreement, which can be electronic, is referred to as a "Membership Agreement."
The Membership Agreement cannot extend beyond the term of the Franchise Agreement. Franchisees must use a Membership Agreement form approved by Clean Your Dirty Face and cannot modify it without prior written consent. However, franchisees are responsible for ensuring the Membership Agreements comply with all applicable laws and can make necessary modifications to meet these legal requirements, provided they immediately notify Clean Your Dirty Face of any such changes. Any unauthorized modifications to the Membership Agreement will render it void.
Clean Your Dirty Face retains the right to modify the types and terms of Memberships offered, terminate a franchisee's right to offer certain types of Memberships, and approve or require other types of Memberships for sale. Franchisees must strictly adhere to System Standards and Clean Your Dirty Face's standards, policies, and procedures when selling Memberships. Even if authorized to sell Memberships, franchisees are responsible for ensuring they can legally do so under all applicable laws and regulations and must comply with all such laws and regulations. Clean Your Dirty Face can suspend, revoke, or terminate a franchisee's right to offer Memberships at any time.
This level of control allows Clean Your Dirty Face to maintain uniformity and quality across all franchise locations, while also ensuring compliance with legal requirements. Prospective franchisees should be aware of these requirements and the potential for changes to the Membership terms and conditions.