What effect does a statement, questionnaire, or acknowledgment signed by a Dermani Medspa franchisee have on waiving claims under applicable state franchise law in Illinois?
Dermani_Medspa Franchise · 2025 FDDAnswer from 2025 FDD Document
The following statement shall be deemed to amend the Franchise Agreement, and the Franchisee Compliance Certification attached to the dermani MEDSPA FDD at Exhibit M:
No statement, questionnaire, or acknowledgment signed or agreed to by a franchisee in connection with the commencement of the franchise relationship shall have the effect of (i) waiving any claims under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on any statement made by any franchisor, franchise seller, or other person acting on behalf of the franchisor. This provision supersedes any other term of any document executed in connection with the franchise.
Any capitalized terms that are not defined in this Addendum shall have the meaning given them in the Franchise Agreement.
Except as expressly modified by this Addendum, the Franchise Agreement remains unmodified and in full force and effect.
This Addendum is being entered into in connection with the Franchise Agreement. In the event of any conflict between this Addendum and the Franchise Agreement, the terms and conditions of this Addendum shall apply.
Source: Item 23 — RECEIPTS (FDD pages 66–311)
What This Means (2025 FDD)
According to the 2025 Dermani Medspa FDD, an Illinois Addendum to the Franchise Agreement clarifies the effect of signed documents on franchisee rights. Specifically, any statement, questionnaire, or acknowledgment signed by a Dermani Medspa franchisee related to the start of the franchise relationship will not waive claims under Illinois franchise law. This includes claims of fraud in the inducement or disclaiming reliance on statements made by Dermani Medspa or its representatives. This provision takes precedence over any conflicting terms in other franchise documents.
This protection for Illinois franchisees is further reinforced by stipulations regarding the Illinois Franchise Disclosure Act. The FDD states that any condition, stipulation, or provision that attempts to bind a person acquiring a Dermani Medspa franchise to waive compliance with the Illinois Franchise Disclosure Act or any other Illinois law is void. This ensures that franchisees cannot inadvertently or unknowingly surrender their legal rights under Illinois law.
These stipulations are beneficial for prospective Dermani Medspa franchisees in Illinois, as they provide assurance that their rights under Illinois franchise law are protected. Franchisees can rely on the protections afforded by Illinois law, regardless of any statements they may sign during the franchise commencement process. This also encourages transparency and accountability from Dermani Medspa during the franchise sales process, as they cannot use franchisee acknowledgments to shield themselves from potential legal claims.