In Illinois, what effect does a statement, questionnaire, or acknowledgment signed by a Dermani Medspa franchisee have on waiving claims under state franchise law?
Dermani_Medspa Franchise · 2025 FDDAnswer from 2025 FDD Document
The following statement shall be deemed to amend the Franchise Agreement, and the Franchisee Compliance Certification attached to the dermani MEDSPA FDD at Exhibit M:
No statement, questionnaire, or acknowledgment signed or agreed to by a franchisee in connection with the commencement of the franchise relationship shall have the effect of (i) waiving any claims under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on any statement made by any franchisor, franchise seller, or other person acting on behalf of the franchisor. This provision supersedes any other term of any document executed in connection with the franchise.
Source: Item 23 — RECEIPTS (FDD pages 66–311)
What This Means (2025 FDD)
According to the 2025 Dermani Medspa FDD, an Illinois addendum to the franchise agreement clarifies the effect of signed documents on franchisee rights. Specifically, any statement, questionnaire, or acknowledgment signed by a Dermani Medspa franchisee related to the start of the franchise relationship will not waive claims under Illinois franchise law. This includes claims of fraud.
This provision protects franchisees by preventing Dermani Medspa from using standard form documents to inadvertently or unknowingly waive their legal rights under Illinois state law. This ensures that franchisees retain their ability to pursue legal remedies if they believe Dermani Medspa has violated the Illinois Franchise Disclosure Act or other applicable laws.
The addendum explicitly states that this provision supersedes any conflicting terms in other documents related to the franchise agreement. This means that even if other agreements contain language that suggests a waiver of rights, this specific clause in the Illinois addendum will take precedence, reinforcing the protection for the franchisee.
This protection extends to disclaiming reliance on statements made by Dermani Medspa or its representatives. This means a franchisee cannot waive their right to claim they relied on misrepresentations made by Dermani Medspa during the franchise sales process. This amendment is included in Exhibit M of the FDD, the "Franchisee Compliance Certificate."