As a Dermani Medspa franchisee, what action must I take to present myself as an independent contractor?
Dermani_Medspa Franchise · 2025 FDDAnswer from 2025 FDD Document
16.2.1. During the term of this Agreement, you shall hold yourself out to the public as an independent contractor conducting your Medspa operations pursuant to the rights granted by us. You agree to take such action as shall be reasonably necessary to that end, including,
- without limitation, exhibiting a notice of that fact in a conspicuous place on the Premises established for the purposes hereunder and on all letterhead, business cards, forms, and as further described in the Manual. We reserve the right to specify in writing the content and form of such notice.
- 16.2.2. You hereby irrevocably affirm, attest and covenant your understanding that your employees are employed exclusively by you and in no fashion are any such employee employed, jointly employed or co-employed by us.
- 16.3. No Liability for Acts of the Other Party. We and you may not make any express or implied agreements, warranties, guarantees, or representations, or incur any debt, in the name or on behalf of the other or represent that our respective relationship is other than that of franchisor and franchisee. We will not be obligated for any damages to any person or property directly or indirectly arising out of the Franchised Business's operation or the business you conduct under this Agreement.
Source: Item 23 — RECEIPTS (FDD pages 66–311)
What This Means (2025 FDD)
According to the 2025 Dermani Medspa Franchise Disclosure Document, franchisees must hold themselves out to the public as independent contractors operating under the rights granted to them by Dermani Medspa. To achieve this, franchisees must take actions that reasonably demonstrate their independent status.
Specifically, franchisees are required to exhibit a notice in a conspicuous place on the premises of their Medspa. This notice should also appear on all letterhead, business cards, and forms used by the franchisee. The content and form of this notice are subject to Dermani Medspa's written specifications, ensuring uniformity and compliance with the brand's standards.
Furthermore, the FDD emphasizes that franchisees are solely responsible for their employees. Dermani Medspa is not considered a joint employer or co-employer of the franchisee's staff. This reinforces the independent contractor status of the franchisee and clarifies the distinct roles and responsibilities of each party. Dermani Medspa and the franchisee cannot make agreements or representations on behalf of each other, ensuring that their relationship is clearly defined as franchisor and franchisee.