What happens if a restriction in Section 9 of the Dermani Medspa agreement is deemed unenforceable?

According to Dermani Medspa's 2025 Franchise Disclosure Document, if a court of competent jurisdiction deems any provision of the agreement, including restrictions in Section 9, to be invalid or unenforceable, the remaining provisions of the agreement will still remain in full effect. The specific provision that is found to be invalid or unenforceable will be revised or interpreted to the extent permitted by law. This revision or interpretation will aim to uphold the validity and enforceability of the agreement, while also maintaining the original intent of both parties involved.

This clause ensures that the entire Dermani Medspa franchise agreement does not become void due to one unenforceable clause. Instead, the parties will attempt to modify the problematic clause to make it enforceable while staying true to the original intentions. This is a common 'severability' clause in franchise agreements, designed to protect the overall contract from being invalidated by a single legal issue.

For a prospective Dermani Medspa franchisee, this means that even if a specific restriction, such as a non-compete clause, is challenged and found unenforceable, the rest of the franchise agreement remains in effect. This provides a level of security and predictability, as the core obligations and rights outlined in the agreement will continue to govern the relationship between the franchisee and Dermani Medspa. However, franchisees should be aware of the potential for revisions to specific clauses and how those changes could impact their operations.