How long does the estate of a deceased or disabled Dermani Medspa franchisee have to transfer the franchise interest?
Dermani_Medspa Franchise · 2025 FDDAnswer from 2025 FDD Document
the Franchise Agreement and related agreements. You should read these provisions in the agreements attached to this disclosure document.**
A. Franchise Agreement
| Provision | Section in Franchise Agreement | Summary |
|---|---|---|
| to you and without restriction. | ||
| k. “Transfer” by you – defined | Section 12.2 | Includes any sale, assignment, gift, conveyance, pledge, mortgage or other encumbrance or disposition of any interest in the Franchise Agreement, the Franchised Business or you (if you are not a natural person). |
| l. Our approval of transfer by you | Section 12.3 | You may not transfer the Franchise Agreement without our prior written consent. We will not unreasonably withhold our consent. Our consent to a transfer is not a waiver of any claims we have against you. |
| m. Conditions for our approval of transfer | Section 12.3 | Your full compliance with the Franchise Agreement; our approval of transferee; you are current in fees owed to us; transferee signs then-current franchise agreement; payment of transfer fee; release signed; you comply with non-competition covenants; all obligations to us satisfied; and others. |
| n. Our right of first | Section 12.6 | We have the right of first refusal if you determine to sell |
| refusal to acquire your | or transfer your interest in the franchisee, the Franchise | |
| business | Agreement or the Franchised Business. | |
| o. Our option to purchase your business | Section 15.5 | Upon termination or expiration of the Franchise Agreement, we have the right to purchase all or a portion of the assets of your Franchised Business at their fair market value. |
| p. Your death or disability | Section 12.5 | Your estate must transfer your interest in the Franchised Business to a third party we approve within 12 months after death or disability. Your estate must appoint a manager within 30 days of death or disability and an Operating Principal within 90 days after death or disability |
| q. |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 51–58)
What This Means (2025 FDD)
According to Dermani Medspa's 2025 Franchise Disclosure Document, if a franchisee dies or becomes disabled, their estate has a specific timeframe to manage and transfer the franchise. For the Franchise Agreement, the estate is required to transfer the franchisee's interest in the Dermani Medspa business to a third party approved by Dermani Medspa within 12 months following the death or disability. Additionally, within 30 days of the death or disability, the estate must appoint a manager, and within 90 days, an Operating Principal.
For the Area Development Agreement, the estate must transfer the interest in the business to a third party approved by Dermani Medspa within one year after the death or onset of disability. The estate is also obligated to appoint a manager to assume the obligations under the Area Development Agreement within 30 days from the date of death or disability.
These stipulations ensure that the Dermani Medspa business continues to operate under appropriate management even after the franchisee's death or disability. The relatively short timeframes—30 days for a manager, 90 days for an operating principal, and 12 months for full transfer—highlight the importance of succession planning for franchisees. Prospective franchisees should consider these requirements and discuss with Dermani Medspa the specific criteria for approving a third-party transferee to ensure a smooth transition if necessary.