If inconsistencies or mistakes are discovered in statements or royalty payments to Dermani Medspa, what action is the franchisee required to take?
Dermani_Medspa Franchise · 2025 FDDAnswer from 2025 FDD Document
- 12.3.1. You must submit a written request to us for any proposed transfer under this Agreement. If you are in full compliance with this Agreement, including our policies and System Standards, then we will not unreasonably withhold our consent to a transfer that meets all of the requirements in this Section. For any proposed transfer, all of the following conditions must be met before or concurrently with the effective date of the transfer:
- (a) The transferee is approved by us and demonstrates to our satisfaction that he/she meets our then-current standards for new dermani MEDSPA® businesses, and possesses sufficient business experience, aptitude, and financial resources to operate the Franchised Business;
- (b) You have paid all Royalty Fees, System Marketing Fees, and other amounts owed to us and third party vendors (other than amounts payable to third party vendors that are the subject of a good faith dispute with such vendor), have submitted all required reports and statements, and are not in violation of this Agreement at the time of transfer;
- (c) (i) You have corrected any existing deficiencies of the Franchised Business of which we have notified you in writing or by electronic communications, and/or (ii) the transferee agrees to upgrade and refurbish the Franchised Business in accordance with our then current requirements and specifications for Franchised Businesses and Medspas within the time period we specify following the effective date of the transfer (we will advise the transferee before the effective date of the transfer of the specific actions that it must take and the time period within which such actions must be taken);
Source: Item 23 — RECEIPTS (FDD pages 66–311)
What This Means (2025 FDD)
Based on the 2025 Dermani Medspa FDD, if a franchisee seeks to transfer their franchise agreement, they must be in full compliance with the agreement at the time of the transfer. This includes having paid all Royalty Fees, System Marketing Fees, and other amounts owed to Dermani Medspa and third-party vendors (excluding amounts subject to a good faith dispute with the vendor).
Additionally, the franchisee must have submitted all required reports and statements and must not be in violation of the Franchise Agreement at the time of transfer. Any existing deficiencies of the franchised business that Dermani Medspa has notified the franchisee of in writing or via electronic communications must be corrected.
If deficiencies are not corrected by the franchisee, the transferee must agree to upgrade and refurbish the Franchised Business in accordance with Dermani Medspa's then-current requirements and specifications for Franchised Businesses and Medspas within a specified time period. Dermani Medspa will inform the transferee of the specific actions and the timeframe for completion before the transfer's effective date. Therefore, any inconsistencies or mistakes would need to be resolved as part of maintaining compliance, particularly if a transfer is contemplated.