Does the Dermani Medspa franchise agreement disclaim representations made in the Franchise Disclosure Document?
Dermani_Medspa Franchise · 2025 FDDAnswer from 2025 FDD Document
The following statement shall be deemed to amend the Area Development 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.
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- Any capitalized terms that are not defined in this Addendum shall have the meaning given them in the Area Development Agreement.
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- Except as expressly modified by this Addendum, the Area Development Agreement remains unmodified and in full force and effect.
This Addendum is being entered into in connection with the Area Development Agreement. In the event of any conflict between this Addendum and the Area Development Agreement, the terms and conditions of this Addendum shall apply.
dermani MEDSPA® Franchising LLC Its: Its:
MARYLAND ADDENDUM TO FRANCHISE AGREEMENT
To the extent the Maryland Franchise Registration and Disclosure Law, Md. Code Bus. Reg. §§14- 201 – 14-233 applies, the terms of this Addendum apply.
- Notwithstanding anything to the contrary contained in the Franchise Agreement, to the extent that the Franchise Agreement contains provisions that are inconsistent with the following, such provisions are hereby amended:
All representations requiring prospective franchisees to assent to a release, estoppel or waiver of liability are not intended to nor shall they act as a release, estoppel or waiver of any liability incurred under the Maryland Franchise Registration and Disclosure Law.
Nothing in the Franchise Agreement prevents the franchisee from bringing a lawsuit in Maryland for claims arising under the Maryland Franchise Registration and Disclosure Law.
Nothing in the Franchise Agreement operates to reduce the 3-year statute of limitations afforded to a franchisee for bringing a claim arising under the Maryland Franchise Registration and Disclosure Law. Further, any claims arising under the Maryland Franchise Registration and Disclosure Law must be brought within 3 years after the grant of the franchise.
Source: Item 23 — RECEIPTS (FDD pages 66–311)
What This Means (2025 FDD)
According to the 2025 Dermani Medspa Franchise Disclosure Document, the Franchisee Compliance Certification aims to confirm that no unauthorized statements or promises were made to the franchisee that might be untrue, inaccurate, or misleading. This certification process ensures that prospective franchisees understand the risks of owning their own business and that Dermani Medspa has provided all legally required information. Dermani Medspa may review these questions with the franchisee during a pre-closing meeting instead of requiring a signed certification, documenting the verbal responses for their records.
For franchisees in Maryland, the FDD includes a specific addendum that amends the Area Development Agreement and the Franchisee Compliance Certification. This addendum clarifies that no statement, questionnaire, or acknowledgment signed by a franchisee can waive claims under Maryland franchise law, including claims of fraud in the inducement, or disclaim reliance on statements made by Dermani Medspa or its representatives. This provision overrides any conflicting terms in other documents executed in connection with the franchise, ensuring that franchisees retain their rights under Maryland law.
This means that while Dermani Medspa uses a Franchisee Compliance Certification to ensure franchisees understand the information provided, the Maryland addendum specifically protects franchisees from unintentionally waiving their rights or disclaiming reliance on the franchisor's statements. Prospective franchisees should carefully review the Franchisee Compliance Certification and any state-specific addenda to understand their rights and obligations fully. Franchisees should also consult with legal counsel to ensure they understand the implications of these documents.