Does the Dermani Medspa Franchisee Compliance Certification address related agreements attached to the Franchise Agreement?
Dermani_Medspa Franchise · 2025 FDDAnswer from 2025 FDD Document
The following statement shall be deemed to amend the Area Development Agreement, and the Franchisee Compliance Certification attached to the dermani MEDSPA FDD at Exhibit M:
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, Exhibit M is the Franchisee Compliance Certification. The purpose of this certification is to ensure that prospective franchisees understand the terms and risks associated with owning a Dermani Medspa franchise. It aims to confirm that no unauthorized statements or promises have been made to the franchisee. The Illinois Addendum specifically mentions that the Franchisee Compliance Certification is attached to the Dermani Medspa FDD at Exhibit M.
Furthermore, the Illinois Addendum states that it amends both the Area Development Agreement and the Franchisee Compliance Certification. This amendment ensures that no statement or acknowledgment signed by a franchisee waives claims under state franchise law, including fraud, or disclaims reliance on franchisor statements. Similarly, the Maryland Addendum addresses the Franchise Agreement, ensuring that franchisees do not waive rights or face reduced statutes of limitations under Maryland franchise law.
While the Franchisee Compliance Certification itself is designed to ensure understanding and compliance, addenda like those for Illinois and Maryland modify the agreements and certifications to protect franchisee rights under specific state laws. These addenda take precedence over conflicting terms in the Franchise Agreement or Area Development Agreement, indicating that Dermani Medspa addresses related agreements through these state-specific modifications.