What should a Dermani Medspa franchisee consult with their attorney about?

According to the 2025 Dermani Medspa FDD, a franchisee should consult with an attorney experienced in medical and healthcare laws and regulations in their state if they seek a waiver of the standard Management Agreement. This agreement typically separates the operation of the medical aspects of the Dermani Medspa from the management aspects.

The need for legal consultation arises if the franchisee's state permits a single entity to manage and operate the medspa, including hiring medical personnel and providing medical services. If this is the case, the franchisee can request a waiver from Dermani Medspa, potentially eliminating the requirement to enter into a Management Agreement with a separate Professional Corporation (PC) or restrictions on directly employing Affiliated Physicians.

As part of the Waiver of Management Agreement, the franchisee must represent that they have consulted with an attorney with experience in medical and health care laws and regulations in their state, and that the attorney has advised them that they may operate the Franchised Business and the dermani MEDSPA® as one entity. This legal consultation is crucial to ensure compliance with all applicable laws and regulations, as the medical industry is heavily regulated at the federal, state, and local levels. These regulations cover areas such as the practice of medicine, relationships between healthcare providers, anti-kickback laws, fee splitting, self-referral restrictions, client record privacy (including HIPAA), medical device usage, and advertising of medical services.

Ultimately, Dermani Medspa retains the final decision on whether to grant the waiver, even if the franchisee meets the initial qualifications. Therefore, understanding the legal landscape through competent counsel is a vital step in determining the operational structure of the franchise.