Is a Dermani Medspa franchisee allowed to engage in the practice of medicine, nursing, or any other profession that requires specialized training or certification?
Dermani_Medspa Franchise · 2025 FDDAnswer from 2025 FDD Document
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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.
In addition, you must operate the Franchised Business in full compliance with all applicable laws, ordinances and regulations, including government regulations relating to occupational hazards, health, EEOC, OSHA, discrimination, employment, sexual harassment, worker's compensation and unemployment insurance and withholding and payment of federal and state income taxes, social security taxes and sales and service taxes. You should consult with your attorney concerning those and other local laws and ordinances that may affect the operation of your Franchised Business.
Waiver of Management Agreement
In certain states, it may be permissible under the existing laws that may be applicable to medical practices and/or medical centers for one entity to both manage and operate the dermani MEDSPA®, including hiring any medical and professional personnel and providing medical services to clients at the dermani MEDSPA®. If you determine that the laws that would apply to a dermani MEDSPA® in your state would permit you to do so, you may request that we waive certain requirements of the Franchise Agreement related to separating the operation of the medical aspects of the dermani MEDSPA® from the management aspects. In particular, depending upon the applicable laws and circumstances, you may not be required to enter into a management agreement with a PC, or be restricted from directly employing Affiliated Physicians. Any waiver or any modification of our standards would be subject to compliance with all applicable laws and regulations.
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, franchisees are generally prohibited from engaging in the practice of medicine, nursing, or any other profession that requires specialized training or certification. Dermani Medspa itself, as the franchisor, also does not engage in these practices.
However, there is a potential exception. In certain states where laws permit a single entity to both manage and operate a medical spa, including providing medical services, a franchisee may request a waiver from Dermani Medspa. If this waiver is granted via a "Waiver of Management Agreement", the franchisee may be able to perform responsibilities typically held by a Professional Corporation (PC), including potentially hiring medical personnel and providing medical services. This waiver is contingent on compliance with all applicable laws and regulations, and requires the franchisee to consult with an attorney experienced in medical and healthcare laws to ensure they can legally operate the business in this manner.
Ultimately, Dermani Medspa retains the final decision on whether to grant this waiver. Therefore, prospective franchisees need to investigate their state's specific regulations regarding medical practices and consult with legal counsel to determine if they qualify for and should pursue a Waiver of Management Agreement.