What limitations, conditions, and restrictions apply to the administrative services provided by the Manager to Dermani Medspa?
Dermani_Medspa Franchise · 2025 FDDAnswer from 2025 FDD Document
ARTICLE III. DUTIES OF MANAGER
- 3.01. Administrative Services. Consistent with applicable federal, state and local laws, Practice hereby engages Manager on an exclusive basis to provide administrative, operational and non-professional services to Practice. Manager's duties include, but are not limited to, providing the services set forth on attached Exhibit A (collectively, the "Administrative Services"). Exhibit A may be amended or substituted from time to time, as mutually agreed by the Parties. The amended Exhibit A shall state the date upon which all changes are effective.
- 3.02. Manager Personnel. Manager shall provide the personnel needed to operate and support the provision of Administrative Services ("Manager Personnel"). Manager shall recruit, hire, supervise, monitor, train, discipline, and terminate Manger Personnel and shall maintain and provide storage facilities for the human resource records and other employment information of both Manager Personnel and Practitioners. Consistent with reasonably prudent personnel management policies, Manager shall seek and consider the advice, input, and requests of Practice in regards to Manager Personnel matters. Practice shall at all times have discretion over all decisions relating to Practitioners.
- 3.03. Advisors, Consultants, Subcontractors, and Affiliates. Manager may utilize the services of advisors, consultants, subcontractors, and affiliates as it deems necessary to carry out the Administrative Services; provided, however, if Practice delivers to Manager a written good faith and reasonable objection against the continued use of any particular advisor, consultant, subcontractor or affiliate, Manager shall consider such objection in good faith. Practice acknowledges and understands that Manager operates as a franchisee of "dermani MEDSPA Franchising, LLC" (the "Franchisor") and Franchisor may be authorized to provide some, or provide support for some Administrative Services.
- 3.04. Excluded Services and Liabilities. Manager has no obligation or authority under this Agreement regarding, and shall not undertake, any activity that is required by law to be provided solely by a licensed physician.
- 3.05. Authority to Carry out Administrative Services. Practice hereby grants Manager the authority to carry out the Administrative Services on behalf of Practice. Accordingly, Practice hereby grants Manager, and individuals that Manager authorizes to carry out the Administrative Services, with the authority to execute contracts and other instruments on behalf of Practice (which do not relate to or interfere with the professional judgment of Practice or its health care providers) as is necessary or useful in the performance of the Administrative Services; provided, however,
Source: Item 23 — RECEIPTS (FDD pages 66–311)
What This Means (2025 FDD)
According to Dermani Medspa's 2025 Franchise Disclosure Document, the administrative services provided by the Manager are subject to certain limitations, conditions, and restrictions as outlined in the agreement. The Manager is engaged on an exclusive basis to provide administrative, operational, and non-professional services to the Practice, consistent with federal, state, and local laws. The specific duties of the Manager are detailed in Exhibit A, which can be amended or substituted with mutual agreement from both parties.
The Manager is responsible for providing the necessary personnel to support the Administrative Services, including recruiting, hiring, supervising, training, disciplining, and terminating Manager Personnel. They must also maintain human resource records for both Manager Personnel and Practitioners. While the Manager should consider the advice and input of the Practice regarding personnel matters, the Practice retains discretion over decisions related to Practitioners.
The Manager can utilize advisors, consultants, subcontractors, and affiliates to carry out the Administrative Services. However, if the Practice objects in good faith to the continued use of any particular advisor, consultant, subcontractor, or affiliate, the Manager must consider the objection. The Manager has no obligation or authority to perform any activity that is required by law to be provided solely by a licensed physician. The Practice grants the Manager the authority to execute contracts and other instruments on its behalf, as necessary for the performance of Administrative Services, provided these actions do not interfere with the professional judgment of the Practice or its healthcare providers.