Who does the Dermani Medspa franchisee appoint as their attorney-in-fact regarding the Franchise Agreement?
Dermani_Medspa Franchise · 2025 FDDAnswer from 2025 FDD Document
Upon the execution of this Agreement or at anytime thereafter, you shall, at our option, execute such forms and documents as we deem necessary, including the agreements attached hereto as Exhibit I, to appoint us as your true and lawful attorney-in-fact with full power and authority for the sole purpose of assigning to us only upon the termination or expiration of this Agreement,: (i) all rights to the telephone numbers of the Franchised Business and any related and other business listings; and (ii) Internet listings, domain names, Internet Accounts, advertising on the Internet or World Wide Web, Websites, listings with search engines, e-mail addresses or any other similar listing or usages related to the Franchised Business.
You agree that you have no authority to and shall not establish any Website or listing on the Internet or World Wide Web without our express written consent, which consent may be denied without reason.
Source: Item 23 — RECEIPTS (FDD pages 66–311)
What This Means (2025 FDD)
According to Dermani Medspa's 2025 Franchise Disclosure Document, the franchisee appoints Dermani Medspa Franchising LLC as their attorney-in-fact under specific conditions. Specifically, upon the execution of the Franchise Agreement, the franchisee may be required to execute forms that appoint Dermani Medspa as their attorney-in-fact. This appointment grants Dermani Medspa the power and authority to manage telephone numbers and internet listings associated with the franchised business, but only upon the termination or expiration of the Franchise Agreement.
The purpose of this power of attorney is limited to assigning rights to telephone numbers, business listings, internet listings, domain names, internet accounts, and advertising related to the Dermani Medspa franchise to the franchisor at the end of the franchise term. The franchisee retains control over these assets during the term of the agreement. The franchisee is restricted from establishing any website or listing on the internet without the express written consent of Dermani Medspa, which may be denied without reason.
This arrangement ensures that Dermani Medspa can maintain control over its brand and online presence even after a franchise agreement terminates. It is a fairly common practice in franchising to ensure brand consistency and protect the franchisor's intellectual property. However, franchisees should carefully consider the implications of granting such power of attorney, particularly regarding the potential impact on their business if they wish to continue a similar business after the franchise agreement expires.