factual

What authority does the Dermani Medspa Manager have over non-professional decision-making related to the operations of the Practice?

Dermani_Medspa Franchise · 2025 FDD

Answer from 2025 FDD Document

2.01. Manager's Authority. Subject to the authority of Practice set forth in Section 2.02, Manager has the full responsibility and authority to operate and manage the day-to-day aspects of Practice Operations in any commercially reasonable manner Manager deems appropriate and to perform the specific functions and activities set forth in Exhibit A, which is incorporated herein by reference. Manager shall have exclusive authority over all non-professional decision-making relating to the operations of Practice; provided, however, that Practice and its Practitioners shall retain full decision-making authority and relating to the delivery of Professional Services.

Source: Item 23 — RECEIPTS (FDD pages 66–311)

What This Means (2025 FDD)

According to Dermani Medspa's 2025 Franchise Disclosure Document, the Manager has significant authority over the non-professional aspects of the Practice's operations. Specifically, the Manager has "exclusive authority over all non-professional decision-making relating to the operations of Practice". This means the Manager is responsible for the day-to-day management and operational decisions that do not involve professional medical services.

However, this authority is subject to certain limitations. The Practice and its Practitioners retain full decision-making authority related to the delivery of Professional Services. This division of authority ensures that medical professionals maintain control over clinical decisions and patient care, while the Manager handles administrative and operational tasks. The Practice also retains all authority exclusively reserved to it by law and its governing documents, as well as authority over matters relating to the professional judgment and services of the Practitioners.

In practical terms, a Dermani Medspa franchisee, acting as the Manager, would be responsible for business operations, staffing (excluding Practitioners), marketing, and other administrative functions. They would not be involved in medical decisions or the direct provision of medical services. This structure is common in the medical spa industry, where a management company or franchisee handles the business side, allowing medical professionals to focus on patient care.

It is important for a prospective franchisee to understand the clear delineation of responsibilities between the Manager and the Practice. The franchisee should carefully review Exhibit A of the Management Agreement, which details the specific functions and activities assigned to the Manager, to fully grasp the scope of their authority and responsibilities.

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.