Does Dermani Medspa require approval of the final Management Agreement?
Dermani_Medspa Franchise · 2025 FDDAnswer from 2025 FDD Document
You must use our standard form of Management Agreement; provided, however, that you should revise any provisions as necessary in order to be consistent with applicable state law, and based on advice you receive from your lawyers and other advisors, and you may negotiate the monetary terms and, with our written consent, certain other terms of the relationship with the PC. You must obtain our written approval of the final Management Agreement prior to its execution. We must approve the PC candidate. You shall ensure that the types of services available through the PC are limited to those in accordance with and pursuant to this Agreement and that the PC is operated in accordance with the Management Agreement. You shall have a Management Agreement in effect with a PC at all times during the operation of the Franchised Business. In the event the Management Agreement with the PC is terminated during the Initial Term, you shall enter into a new Management Agreement with a replacement PC as soon as practicable, but in no event later than one hundred twenty (120) days after you provide or receive notice that the Management Agreement with the original PC is being terminated. In the event applicable state law does not require the use of a management agreement between you and a PC, as determined by you and your counsel, we may waive certain requirements and require you to execute our waiver of management agreement ("Waiver of Management Agreement"). If you qualify to enter into the Waiver of Management Agreement, we will make the final determination whether we will permit the waiver or not.
Source: Item 23 — RECEIPTS (FDD pages 66–311)
What This Means (2025 FDD)
According to the 2025 Dermani Medspa Franchise Disclosure Document, franchisees are required to use Dermani Medspa's standard form of Management Agreement. While franchisees can revise provisions to comply with state law and negotiate monetary terms with their lawyers' advice, certain other terms require written consent from Dermani Medspa.
Specifically, Dermani Medspa mandates that franchisees obtain written approval of the final Management Agreement before it is executed. Additionally, Dermani Medspa must approve the Professional Corporation (PC) candidate who will provide medical services at the Medspa. The franchisee must ensure that the services offered by the PC align with the Franchise Agreement and that the PC operates according to the Management Agreement.
If the Management Agreement with the PC is terminated during the initial term, the franchisee must establish a new Management Agreement with a replacement PC within 120 days of the termination notice. However, if state law does not require a management agreement, Dermani Medspa may offer a waiver, although Dermani Medspa retains the final decision on whether to permit this waiver.