Does a custom or practice at variance with the Dermani Medspa agreement's terms waive any right?
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 Dermani Medspa's 2025 Franchise Disclosure Document, neither Dermani Medspa nor the franchisee will waive or impair any right, power, or option that the agreement reserves due to custom or practice that differs from the agreement's terms. This includes Dermani Medspa's right to demand exact compliance with every term, condition, and covenant, or to declare any breach a default and terminate the agreement before its term expires.
This provision also clarifies that Dermani Medspa's or the franchisee's failure, refusal, or neglect to exercise any right under the agreement, or to insist upon the other's compliance with the agreement, including any System Standard, does not constitute a waiver. Similarly, Dermani Medspa's waiver or failure to exercise any right, power, or option with other Franchised Businesses and Medspas, or the existence of different provisions in other franchise agreements, does not waive their rights.
Finally, Dermani Medspa's acceptance of payments from the franchisee after any breach of the agreement does not constitute a waiver of rights. Additionally, any special or restrictive legend or endorsement on any check or similar item given to Dermani Medspa will not be considered a waiver, compromise, settlement, or accord and satisfaction, and Dermani Medspa is authorized to remove any such legend or endorsement, which will then have no effect.