What exclusive authority does the Manager have regarding Dermani Medspa's annual budgets?
Dermani_Medspa Franchise · 2025 FDDAnswer from 2025 FDD Document
rth at Exhibit C and the confidentiality of such records is protected as required by applicable laws and regulations. All records relating in any way to the operation of Practice which are not the property of Practice under the foregoing provisions shall at all times be the property of Manager. Practice shall be entitled to access any financial, accounting and other information relating to Practice and to make copies thereof. Manager will provide and maintain a records and information policy and related procedures, as well as a policy and related procedures for data privacy and security, for both Parties.
ARTICLE III. DUTIES OF MANAGER
- 3.01. Administrative Services. Consistent with applicable federal, state and local laws, Practice hereby engages Manager on an exclusive basis to provide administrative, operational and non-professional services to Practice. Manager's duties include, but are not limited to, providing the services set forth on attached Exhibit A (collectively, the "Administrative Services"). Exhibit A may be amended or substituted from time to time, as mutually agreed by the Parties. The amended Exhibit A shall state the date upon which all changes are effective.
- 3.02. Manager Personnel.
Source: Item 23 — RECEIPTS (FDD pages 66–311)
What This Means (2025 FDD)
Based on the 2025 Dermani Medspa Franchise Disclosure Document, the manager's duties include providing administrative, operational, and non-professional services to the practice. The manager has the authority to carry out these administrative services on behalf of the practice, including executing contracts and other instruments, provided they do not interfere with the professional judgment of the practice or its healthcare providers. However, the FDD does not explicitly state that the manager has exclusive authority regarding Dermani Medspa's annual budgets.
While the manager is responsible for administrative services, the FDD does not provide specific details about the manager's role in budget preparation, approval, or control. The agreement stipulates that the manager will provide administrative services as detailed in Exhibit A, which may be amended by mutual agreement. This suggests that the manager's responsibilities could potentially include some involvement in the budgeting process if specified in the exhibit.
Therefore, it is important for a prospective franchisee to clarify the manager's specific responsibilities related to the annual budget. This can be done by reviewing Exhibit A of the agreement and discussing the matter directly with Dermani Medspa to gain a clear understanding of the manager's role in financial planning and decision-making.