What is the effect of a waiver granted by Dermani Medspa on other rights?
Dermani_Medspa Franchise · 2025 FDDAnswer from 2025 FDD Document
12.2.1. We and you may by written instrument unilaterally waive or reduce any obligation of or restriction upon the other under this Agreement, effective upon delivery of written notice to the other or another effective date stated in the notice of waiver. Any waiver granted will be without prejudice to any other rights we or you have, will be subject to continuing review, and may be revoked at any time and for any reason effective upon delivery of ten (10) days' prior written notice.
12.2.2. 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.
12.2.3. Neither we nor you will be liable for loss or damage or be in breach of this Agreement if our or your failure to perform our or your obligations results from: (a) compliance with the orders, requests, regulations, or recommendations of any federal, state, or municipal government; (a) acts of God; (c) fires, strikes, embargoes, war, acts of terrorism or similar events, or riot; or (d) any other similar event or cause.
Source: Item 23 — RECEIPTS (FDD pages 66–311)
What This Means (2025 FDD)
According to Dermani Medspa's 2025 Franchise Disclosure Document, any waiver granted by either Dermani Medspa or the franchisee will not negatively impact any other rights that party possesses. The waiver is subject to ongoing review and can be revoked at any time, for any reason. Dermani Medspa must provide ten days' prior written notice before revoking a waiver.
Furthermore, neither Dermani Medspa nor the franchisee will waive or impair any right, power, or option reserved in the agreement due to custom, practice, failure to exercise a right, or acceptance of payments after a breach. This includes Dermani Medspa's right to demand compliance with every term and condition, declare a breach as a default, and terminate the agreement. The existence of different provisions in other franchise agreements or a failure to exercise rights in other franchises does not constitute a waiver.
This section of the FDD also clarifies that special legends or endorsements on checks are not considered a waiver, compromise, or settlement. Dermani Medspa is authorized to remove any such legends or endorsements, rendering them ineffective. Additionally, neither party is liable for failure to perform obligations if it results from government orders, acts of God, fires, strikes, war, terrorism, or similar events.