Is the Dermani Medspa franchise agreement binding on the parties' heirs and successors?

Based on the 2025 Dermani Medspa Franchise Disclosure Document, the Telephone Listing Agreement associated with the franchise agreement outlines specific conditions regarding successors and assigns. According to section 3.5, all of Dermani Medspa's rights and powers, along with the franchisee's obligations, under the Telephone Listing Agreement, are binding on the franchisee's successors, assigns, and affiliated persons or entities, as if they had formally agreed to the Telephone Listing Agreement. This means that if a franchisee transfers their Dermani Medspa franchise, the new owner (successor) is bound by the terms of the Telephone Listing Agreement.

This clause ensures that the obligations and responsibilities outlined in the Telephone Listing Agreement continue even if the ownership of the Dermani Medspa franchise changes. For a prospective franchisee, this implies that any future sale or transfer of the franchise must consider the existing Telephone Listing Agreement, as the new owner will inherit those obligations. It is important for franchisees to understand the terms of this agreement and how it might affect future transactions involving the franchise.

However, the excerpt does not explicitly state whether the Franchise Agreement itself is binding on the parties' heirs and successors. It only specifies that the Telephone Listing Agreement is binding on successors and assigns. To fully understand the obligations and rights related to the Dermani Medspa franchise agreement in the event of death or incapacitation, a prospective franchisee should carefully review the entire Franchise Agreement and consult with a legal professional.