Does the Dermani Medspa Franchise Disclosure Document state that the provision regarding franchisee acknowledgments and compliance certifications supersedes other terms in documents executed in connection with the franchise?
Dermani_Medspa Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
Source: Item 23 — RECEIPTS (FDD pages 66–311)
What This Means (2025 FDD)
According to the 2025 Dermani Medspa Franchise Disclosure Document, a specific provision addresses the relationship between franchisee acknowledgments, compliance certifications, and other franchise-related documents. This provision is designed to protect franchisees' rights under applicable state franchise laws.
The FDD states that no statement, questionnaire, or acknowledgment signed by a franchisee can waive claims under state franchise law, including claims of fraud. It also prevents franchisees from disclaiming reliance on statements made by Dermani Medspa or its representatives. Importantly, the FDD explicitly states that this provision supersedes any other term in any document executed in connection with the franchise.
For a prospective Dermani Medspa franchisee, this means that certain protections are in place regarding acknowledgments and certifications. The franchisee cannot inadvertently waive their rights or disclaim reliance on the franchisor's statements through standard documents. This clause aims to ensure that franchisees retain their legal rights and recourse, regardless of other agreements signed during the franchise commencement.