What is the Manager required to do with the Dermani Medspa practice's materials upon termination of the agreement?
Dermani_Medspa Franchise · 2025 FDDAnswer from 2025 FDD Document
elinquish to Manager all papers, documents, writings, files, data, or materials, including, without limitation, the Marketing Materials, belonging to Manager that are, at such time, in the possession of Practice.
- (c) All educational and marketing materials, advertisements, programs, guides, publications, pamphlets, flyers, and all such other forms of information and materials (collectively, "Practice Materials") designed and developed solely by Practice for its use in the marketing of Practice's Professional Services, together with any and all such other Practice Materials designed and/or developed by Practice, belong to and are the exclusive property of Practice.
- (d) Upon termination of this Agreement, Manager shall promptly relinquish to Practice all papers, documents, writings, files, data, or materials, including, without limitation, Practice Materials, belonging to Practice that are, at such time, in the possession of Manager.
- (e) Each Party shall hold, and shall use its commercially reasonable best efforts to cause its affiliates, and their respective officers, directors, employees and agents to hold, in strict confidence from any person, unless (a) compelled to disclose by judicial or administrative process or by other requirements of law or (b) disclosed in an action or proceeding brought by a Party in pursuit of its rights or in the exercise of its remedies hereby, all documents and information concerning the other Party or any of its affiliates furnished to it by any other Party or such other Party's officers, directors and agents in connection with this Agreement, except to the e
Source: Item 23 — RECEIPTS (FDD pages 66–311)
What This Means (2025 FDD)
According to Dermani Medspa's 2025 Franchise Disclosure Document, upon termination of the agreement, the Manager must promptly return to the Practice all papers, documents, writings, files, data, or materials belonging to the Practice that are in the Manager's possession at the time of termination. These materials include, but are not limited to, Practice Materials. Practice Materials are defined as all educational and marketing materials, advertisements, programs, guides, publications, pamphlets, flyers, and all such other forms of information and materials designed and developed solely by the Practice for its use in the marketing of Practice's Professional Services, together with any and all such other Practice Materials designed and/or developed by Practice.
Conversely, the document also states that upon termination of the agreement, the Practice shall promptly relinquish to the Manager all papers, documents, writings, files, data, or materials, including, without limitation, the Marketing Materials, belonging to Manager that are, at such time, in the possession of Practice. Marketing Materials are defined as all marketing materials, advertisements, programs, guides, publications, pamphlets, flyers and all such other forms of information and materials designed and developed by Manager to assist Practice in the marketing of Practice's Professional Services, together with any and all such other Marketing Materials designed and/or developed by Manager for Practice, belong to and are the exclusive property of Manager.
This section of the FDD outlines a clear distinction of ownership and return obligations for materials between the Manager and the Practice upon termination. It ensures that each party receives back what rightfully belongs to them, maintaining a fair separation of assets and intellectual property at the end of the agreement. A prospective franchisee should carefully note these obligations to ensure compliance and avoid potential disputes upon termination.