factual

If a Franchise Agreement for a Dermani Medspa business operated by the franchisee is terminated, what are the consequences?

Dermani_Medspa Franchise · 2025 FDD

Answer from 2025 FDD Document

nd we deliver to you a notice of termination pursuant to this Section 14, we have the right to suspend our performance of any of our obligations under this Agreement including, without limitation, the sale or supply of any services or products for which we are an approved supplier to you and/or suspension of your "click though" subpage on our Website, until such time as you correct the breach.

15. OBLIGATIONS UPON TERMINATION OR EXPIRATION OF THE AGREEMENT

  • 15.1. Payment of Amounts Owed to Us. You agree to pay us, within fifteen (15) days after this Agreement expires or is terminated, the Royalty Fees, System Marketing Fees, interest, and all other amounts owed to us which then are unpaid.
  • 15.2. Marks. When this Agreement expires or is terminated:
    • 15.2.1. you may not directly or indirectly at any time or in any manner (except as we may otherwise approve, and except with respect to other Franchised Businesses Medspas you own and/or manage or as required by law, or as necessary to accurately respond to any inquiry, or as required by law, regarding your business operations prior to the expiration or termination) identify yourself or any business as a current or former Franchised Business or Medspa or as one of our current or former franchisees; use any Mark, any colorable imitation of a Mark, or other indicia of a Franchised Business or Medspa in any manner or for any purpose; or use for any purpose any trade name, trade or service mark, or other commercial symbol that indicates or suggests a connection or association with us;
    • 15.2.2. you agree to take the action required to cancel all fictitious or assumed names or equivalent registrations relating to your use of the Marks;
    • 15.2.3. you agree to deliver to us within thirty (30) days all signage, marketing materials, forms, and other materials containing any Mark or otherwise identifying or relating to a Franchised Business or Medspa that we request and allow us, without liability to you or third parties for trespass or any other claim, to enter the Premises and remove these items from the Franchised Business;
    • 15.2.4. if we do not have or do not exercise an option to purchase the assets of the Franchised Business, you agree promptly and at your own expense to make the alterations we specify in our Manual (or otherwise) to distinguish the Franchised Business and the Premises clearly from its former appearance and from other Franchised Businesses and Medspas in order to prevent public confusion;
    • 15.2.5. you agree to notify the telephone company, all telephone directory publishers, social media and other online listings (as necessary), and all domain name registries and internet service

providers of the termination or expiration of your right to use any telephone, facsimile, URLs and domain names, or other numbers, names, and telephone directory listings associated with the Marks; to authorize the transfer of these numbers, names, directory listings, and social media pages and profiles to us or at our direction; and/or to instruct the telephone company, domain name registries, social medias pages and profiles, and Internet service providers to forward all calls, e-mails and electronic communications made to your names, numbers, or addresses to names, numbers, or addresses we specify. If you fail to do so, we may take whatever action and sign whatever documents as are necessary or appropriate on your behalf to affect these events;

  • 15.2.6.

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

What This Means (2025 FDD)

According to the 2025 Dermani Medspa Franchise Disclosure Document, several obligations arise upon the termination or expiration of the Franchise Agreement. Within 15 days of termination, the franchisee must pay all outstanding Royalty Fees, System Marketing Fees, interest, and any other unpaid amounts owed to Dermani Medspa.

Furthermore, the franchisee is restricted from using Dermani Medspa's trademarks or any similar identifying marks, except under specific conditions such as operating other franchised locations or when legally required. The franchisee must also cancel any assumed names related to the use of Dermani Medspa's marks. Within 30 days, all signage, marketing materials, and forms containing Dermani Medspa's marks must be delivered to the franchisor. Dermani Medspa is allowed to enter the premises to remove these items without liability.

If Dermani Medspa does not exercise its option to purchase the assets of the franchised business, the franchisee is responsible for altering the premises to clearly differentiate it from its former appearance and other Dermani Medspa locations to avoid public confusion. The franchisee must also notify the telephone company, directory publishers, social media platforms, and domain name registries to remove any listings related to the Dermani Medspa business.

Additionally, Dermani Medspa has the option to appoint themselves as the franchisee's attorney-in-fact to manage telephone numbers, internet listings, domain names, and other online assets associated with the business upon termination or expiration of the agreement. The franchisee is prohibited from establishing any website or online listing without Dermani Medspa's express written consent.

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.