Does Dermani Medspa's acceptance of payments due from you after any breach of this Agreement constitute a waiver?
Dermani_Medspa Franchise · 2025 FDDAnswer from 2025 FDD Document
- 18.2.2.
We and you will not waive or impair any right, power, or option this Agreement reserves (including, without limitation, our right to demand exact compliance with every term, condition, and covenant or to declare any breach to be a default and to terminate this Agreement before its term expires) because of any custom or practice at variance with this Agreement's terms; our or your failure, refusal, or neglect to exercise any right under this Agreement or to insist upon the other's compliance with this Agreement, including any System Standard; our waiver of or failure to exercise any right, power, or option, whether of the same, similar, or different nature, with other Franchised Businesses and Medspas; the existence of franchise agreements for other Franchised Businesses which contain provisions different from those contained in this Agreement; or our acceptance of any payments due from you after any breach of this Agreement.
No special or restrictive legend or endorsement on any check or similar item given to us will be a waiver, compromise, settlement, or accord and satisfaction.
We are authorized to remove any legend or endorsement, which then will have no effect.
Source: Item 23 — RECEIPTS (FDD pages 66–311)
What This Means (2025 FDD)
According to the 2025 Dermani Medspa Franchise Disclosure Document, Dermani Medspa's acceptance of payments from a franchisee after a breach of the franchise agreement does not constitute a waiver of Dermani Medspa's rights. Dermani Medspa retains all rights and powers under the agreement, even if they accept payments after a breach. This protects Dermani Medspa's ability to enforce the terms of the agreement despite accepting payments.
This provision means that if a Dermani Medspa franchisee violates the franchise agreement but continues to make payments, Dermani Medspa can still take action against the franchisee for the violation. Dermani Medspa's acceptance of payments does not prevent them from demanding full compliance with the agreement or terminating the agreement due to the breach. This clause is designed to prevent any ambiguity about whether Dermani Medspa has waived its rights by accepting payments.
This type of clause is common in franchise agreements to protect the franchisor's interests. It ensures that the franchisor can continue to receive payments while addressing any breaches of the agreement. A Dermani Medspa franchisee should be aware that even if their payments are accepted, they are still responsible for complying with all terms and conditions of the franchise agreement, and Dermani Medspa can still enforce those terms.
Furthermore, the Dermani Medspa franchise agreement specifies that no special or restrictive legend or endorsement on any check or similar item given to Dermani Medspa will be considered a waiver, compromise, settlement, or accord and satisfaction. Dermani Medspa is authorized to remove any such legend or endorsement, which will then have no effect. This reinforces Dermani Medspa's position that its rights are not waived by accepting payments, regardless of any conditions the franchisee attempts to attach to those payments.