Is the Dermani Medspa Manager permitted to perform Professional Services directly or indirectly?
Dermani_Medspa Franchise · 2025 FDDAnswer from 2025 FDD Document
o operate and manage the day-to-day aspects of Practice Operations in any commercially reasonable manner Manager deems appropriate and to perform the specific functions and activities set forth in Exhibit A, which is incorporated herein by reference. Manager shall have exclusive authority over all non-professional decision-making relating to the operations of Practice; provided, however, that Practice and its Practitioners shall retain full decision-making authority and relating to the delivery of Professional Services. Additional responsibilities and duties of Manager hereunder are set forth in Article III and Exhibit A to this Agreement.
- 2.02. Retained Authority of Practice. The managers of Practice ("Practice Managers"), and such officers of Practice to whom Practice Managers have delegated such authority, at all times retain: (a) all authority exclusively reserved to it by law and its governing documents, as may be amended from time to time; and (b) such authority over matters relating to the professional judgment and services of the Practitioners. Manager agrees that Practice and only Practice will perform the Professional Services and Manager will have no authority, directly or indirectly, to perform and will not perform any Professional Service.
Source: Item 23 — RECEIPTS (FDD pages 66–311)
What This Means (2025 FDD)
According to Dermani Medspa's 2025 Franchise Disclosure Document, the Manager is explicitly prohibited from performing Professional Services. The agreement states that the Practice, not the Manager, is responsible for performing Professional Services. The Manager has no authority, either directly or indirectly, to perform any Professional Service.
This delineation of responsibilities is further reinforced by specifying that the Practice retains exclusive authority to direct Professional Services and all related clinical aspects, ensuring the Manager does not interfere with the Practitioners' professional services. The Manager's role is limited to administrative, operational, and non-professional services, as detailed in Exhibit A of the Management Agreement.
This separation is crucial for maintaining compliance with state laws regarding medical practices, as the Manager is not engaged in the practice of medicine or any Professional Service requiring a license. Only the Practice and its Practitioners are authorized to perform such services, ensuring that all medical services are provided by licensed professionals.