Is the Release Agreement in Exhibit K of the Dermani Medspa FDD subject to change?
Dermani_Medspa Franchise · 2025 FDDAnswer from 2025 FDD Document
This Agreement, along with all agreements and Exhibits to this Agreement referred to herein, constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes any and all prior agreements, either oral or written, between the Parties with respect thereto.
Any modification to this Agreement must be made in writing and signed by the Parties.
The Parties agree that the Exhibits will be amended, revised or substituted from time to time, and that each new or amended Exhibit will state the date upon which all changes or amendments become effective.
Source: Item 23 — RECEIPTS (FDD pages 66–311)
What This Means (2025 FDD)
According to the 2025 Dermani Medspa FDD, the franchise agreement, along with all associated agreements and exhibits, represents the entire agreement between the parties, superseding any prior oral or written agreements. Specifically, Section 11.05 addresses amendments, stating that any modifications to the agreement must be made in writing and signed by both parties.
Furthermore, the FDD clarifies that the exhibits to the agreement, which would include Exhibit K containing the Release Agreement, can be amended, revised, or substituted over time. Each new or amended exhibit will include the date upon which the changes or amendments become effective. This indicates that the Release Agreement in Exhibit K is indeed subject to change, provided that any changes are documented in writing and agreed upon by both Dermani Medspa and the franchisee.
This flexibility allows Dermani Medspa to update the Release Agreement as needed to comply with changing laws, regulations, or business practices. For a prospective franchisee, this means that the terms of the Release Agreement they initially review may not be the same throughout the duration of their franchise agreement. It is important for franchisees to carefully review any amended exhibits and understand how the changes may affect their rights and obligations.