What actions arising under the Dermani Medspa Guarantee are subject to the obligations and provisions outlined in the agreement?
Dermani_Medspa Franchise · 2025 FDDAnswer from 2025 FDD Document
Upon demand by Franchisor, the undersigned each hereby jointly and severally agree to immediately make each payment required of Franchisee under the Agreement and waive any right to require Franchisor to: (a) proceed against Franchisee for any payment required under the Agreement; (b) proceed against or exhaust any security from Franchisee; (c) pursue or exhaust any remedy, including any legal or equitable relief, against Franchisee; or (d) give notice of demand for payment by Franchisee. Without affecting the obligations of the undersigned under this Guarantee, Franchisor may, without notice to the undersigned, extend, modify, or release any indebtedness or obligation of Franchisee, or settle, adjust, or compromise any claims against Franchisee, and the undersigned each hereby jointly and severally waive notice of same and agree to remain and be bound by any and all such amendments and changes to the Agreement.
The undersigned each hereby jointly and severally agree to defend, indemnify and hold Franchisor harmless against any and all losses, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorney's fees, reasonable costs of financial and other investigation, court costs, and fees and expenses) resulting from, consisting of, or arising out of or in connection with any failure by Franchisee to perform any obligation of Franchisee under the Agreement, any amendment thereto, or any other agreement executed by Franchisee referred to therein.
The undersigned each hereby jointly and severally acknowledge and expressly agree to be individually bound by all covenants not to compete (Section 9 of the Area Development Agreement), governing law and dispute resolution provisions (including the jury trial waiver, limitation on the time for bringing claims, waiver of class actions, and waiver of punitive damages (Section 12 of the Area Development Agreement)), and restrictions on transfer of interest contained in Section 7 of the Area Development Agreement (however, you understand and acknowledge that this Guarantee does not grant you any right to use the "dermani MEDSPA®" Marks or System).
Source: Item 23 — RECEIPTS (FDD pages 66–311)
What This Means (2025 FDD)
Based on the 2025 Dermani Medspa Franchise Disclosure Document, the obligations and provisions outlined in the agreement apply to the guarantor, who agrees to certain conditions. Specifically, the guarantor agrees to make payments required of the franchisee immediately upon demand by the franchisor. This means the guarantor waives the right to require the franchisor to first pursue the franchisee for payment, seek security from the franchisee, or exhaust other remedies against the franchisee before demanding payment from the guarantor. The guarantor also waives the right to receive notice of demand for payment from the franchisee.
Additionally, the guarantor agrees to defend, indemnify, and hold the franchisor harmless from any losses, damages, liabilities, costs, and expenses resulting from the franchisee's failure to fulfill any obligation under the agreement. This includes legal fees, investigation costs, and court costs.
The guarantor also acknowledges and agrees to be individually bound by the non-compete covenants, governing law and dispute resolution provisions, and restrictions on transfer of interest contained in the Area Development Agreement. However, the guarantor understands that the guarantee does not grant any right to use the Dermani Medspa marks or system. This ensures that the guarantor is subject to the same restrictions and obligations as the franchisee, even though they are not directly operating the Dermani Medspa business.