Does the Dermani Medspa franchise agreement require me to warrant that I have no conflicting agreements that would restrict me from fulfilling my responsibilities under the agreement?
Dermani_Medspa Franchise · 2025 FDDAnswer from 2025 FDD Document
NOW, THEREFORE, in receipt of the representations, warranties, covenants, and mutual promises contained herein, and other good and valuable consideration, the receipt and sufficiency of which is acknowledged by each Party hereto, the Parties hereby agree to be legally bound as follows:
AGREEMENT
- Representations and Warranties. You understand that, by signing this Agreement, you are making a number of representations to us and that we are relying upon the accuracy and completeness of those representations in executing this Agreement. You acknowledge and represent as follows:
- a.
You have been afforded the opportunity to meet with independent legal counsel to discuss the terms of the Franchise Agreement, the Management Agreement, and this Agreement, and the business and affairs of the Medspa and the Franchised Business.
You have been given access to information about the System, the Franchised Business, and the Medspa that you requested for purposes of this evaluation.
- b.
You have obtained independent legal advice with respect to your ownership and operation of the Medspa and the Franchised Business, and have determined that local, state, and federal laws and regulations permit you to directly own and operate the Medspa under the terms and conditions of the Franchise Agreement.
- c.
Your direct ownership of the Medspa and operation of the Medspa as the Franchised Business is in full compliance with all applicable laws, ordinances and regulations, including but not limited to those restricting the corporate practice of medicine or professional feesplitting, the federal Anti-Kickback Statute and any equivalent state laws or regulations, any applicable self-referral law, including 42 U.S.C. § 1395nn, as amended (known as the "Stark Law"), HIPAA (as applicable), and those laws and regulations applicable to professional licensure, certification, medical spas, and medical supplies.
Source: Item 23 — RECEIPTS (FDD pages 66–311)
What This Means (2025 FDD)
According to the 2025 Dermani Medspa Franchise Disclosure Document, as part of the Waiver of Management Agreement, you are required to make several representations and warranties to Dermani Medspa Franchising LLC. These representations are critical, as Dermani Medspa relies on their accuracy when executing the agreement.
Specifically, you must acknowledge that you've had the opportunity to consult with independent legal counsel regarding the Franchise Agreement, Management Agreement, and the business aspects of the Medspa and Franchised Business. You also need to confirm that you've received the necessary information about the System, Franchised Business, and Medspa for your evaluation.
Furthermore, you must warrant that you have obtained independent legal advice confirming that your direct ownership and operation of the Medspa comply with all applicable laws and regulations. You also warrant that your direct ownership and operation of the Medspa as a Franchised Business is in full compliance with all applicable laws, ordinances and regulations. This includes, but is not limited to, laws restricting the corporate practice of medicine or professional fee-splitting, the federal Anti-Kickback Statute, the Stark Law, HIPAA, and laws related to professional licensure, certification, medical spas, and medical supplies. By signing the agreement, you acknowledge that Dermani Medspa is relying on the accuracy and completeness of these representations.