Will the Franchise Agreement or Management Agreement interfere with the independent medical judgment of the PC and its medical staff at a Dermani Medspa?
Dermani_Medspa Franchise · 2025 FDDAnswer from 2025 FDD Document
If we grant you the right to operate a Franchised Business, we are not engaging in the practice of medicine, nursing or any other profession that requires specialized training or certification, and you must not engage in the practice of medicine, nursing, or any other profession that requires specialized training or certification, subject to the exception described below. The Franchise Agreement and Management Agreement will not interfere, affect or limit the independent exercise of medical judgment by the PC and its medical staff. You must research all applicable laws, and we strongly advise that you consult with an attorney and/or contact local, state and federal agencies before signing a Franchise Agreement with us, or a Management Agreement with a PC, to determine your legal obligations and evaluate the possible effects on your costs and operations.
Source: Item 1 — THE FRANCHISOR, AND ANY PARENTS, PREDECESSORS AND AFFILIATES (FDD pages 7–12)
What This Means (2025 FDD)
According to Dermani Medspa's 2025 Franchise Disclosure Document, the Franchise Agreement and Management Agreement will not interfere, affect, or limit the independent exercise of medical judgment by the Professional Corporation (PC) and its medical staff. This means that while the franchisee manages the business aspects of the medspa, the PC retains full authority over medical decisions.
This separation is crucial due to state and federal laws regarding the practice of medicine. The franchisee is explicitly prohibited from providing medical services or directing the PC in how they provide those services. The franchisee's role is to manage the Dermani Medspa, handling administrative tasks and support functions, while ensuring compliance with the Dermani Medspa system.
Prospective franchisees should be aware that they must research all applicable laws and consult with an attorney before signing the Franchise Agreement or Management Agreement. This due diligence is essential to understand their legal obligations and the potential impact on their costs and operations. Dermani Medspa also advises consulting with local, state, and federal agencies to fully grasp these obligations.
However, in certain states where it is permissible for one entity to both manage and operate the Dermani Medspa, including providing medical services, a franchisee may request a waiver of certain requirements related to separating the medical and management aspects. If granted, the franchisee must sign a Waiver of Management Agreement and represent that they have consulted with an attorney experienced in medical and healthcare laws, who has advised them that they can operate the franchised business and the Dermani Medspa as one entity.