factual

What happens if a provision of the Dermani Medspa agreement is deemed invalid or unenforceable?

Dermani_Medspa Franchise · 2025 FDD

Answer from 2025 FDD Document

11.03. Severability. In the event that any provision of this Agreement is held to be invalid or unenforceable by any court of competent jurisdiction, the remaining provisions hereof shall not be affected thereby, and the provision found invalid or unenforceable shall be revised or interpreted to the extent permitted by law so as to uphold the validity and enforceability of this Agreement and the intent of the Parties as expressed herein.

Source: Item 23 — RECEIPTS (FDD pages 66–311)

What This Means (2025 FDD)

According to Dermani Medspa's 2025 Franchise Disclosure Document, if a court deems any provision of the agreement invalid or unenforceable, the remaining provisions will still be effective. The specific clause that was found invalid or unenforceable will be revised or interpreted to the extent the law allows. The goal is to uphold the validity and enforceability of the agreement while maintaining the original intent of both parties. This clause ensures that as much of the original agreement as possible remains in effect.

This "severability" clause is a fairly standard provision in franchise agreements. It protects the overall contract from being completely invalidated by a single problematic term. Without such a clause, a court ruling against one provision could potentially nullify the entire agreement, which would create significant legal and operational uncertainty for both Dermani Medspa and the franchisee.

However, prospective franchisees should be aware that the revision or interpretation of the invalid provision will be "to the extent permitted by law." This means that the change may not fully reflect the franchisee's or franchisor's preferred outcome, as it must comply with legal requirements. Franchisees should seek legal counsel to understand the potential implications of this clause and how it might affect their rights and obligations under the agreement.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.