Does Dermani Medspa reserve the right to create advertising and promotional materials related to Franchised Businesses?
Dermani_Medspa Franchise · 2025 FDDAnswer from 2025 FDD Document
- 1.3.4. the right to create, place, and/or distribute any advertising and promotional materials related to the System, the Marks, Franchised Businesses and dermani MEDSPA®s, and the services and products offered, and authorize others to do so, and those materials may appear in media, including, without limitation, the Internet or similar electronic media, or be received by prospective customers located anywhere, including within the Development Area; and
- 9.8.2. Any Websites, social media pages or other modes of electronic commerce that we establish or maintain may – in addition to, but without limitation, advertising and promoting the products, programs or services available at dermani MEDSPA® Medspas – also be used by us to exploit the electronic commerce rights which we alone reserve.
- 9.8.3. You are not permitted to promote your Medspa in any manner on any Websites or social media pages without our prior written consent. However, we may require you to establish and maintain social media pages or profiles, which may include, without limitation, Facebook, Twitter, LinkedIn, YouTube, Pinterest, Instagram, Yelp, Google Business, or any other social media and/or networking site we designate. You must comply with our System Standards regarding the establishment, use, appearance, maintenance, and updating of social media pages and profiles. We reserve the right to require you to use designated or approved suppliers including us for the establishment, use, maintenance, and/or updating of such social media pages or profiles or in connection with the Online Management Services. We reserve the right to conduct collective/national campaigns via local social media on your behalf.
- 9.8.4. We alone will be, and at all times will remain, the sole owner of the copyrights to all material which appears on any website or social media pages we establish and maintain, including any and all material you may furnish to us for your "click through" subpage.
Source: Item 23 — RECEIPTS (FDD pages 66–311)
What This Means (2025 FDD)
According to the 2025 Dermani Medspa FDD, Dermani Medspa retains the right to create, place, and distribute advertising and promotional materials related to the System, Marks, Franchised Businesses, and dermani MEDSPA®s. They can authorize others to do so, and these materials may appear in any media, including the Internet or similar electronic media. These materials can also be received by prospective customers located anywhere, even within a franchisee's Development Area.
This means that Dermani Medspa has full control over the advertising and promotional strategies for the brand. Franchisees must adhere to the marketing direction set by the franchisor. Dermani Medspa also reserves the right to use any websites or social media pages to promote products and services available at Dermani Medspa locations.
Furthermore, franchisees are restricted from promoting their medspa on any websites or social media pages without prior written consent from Dermani Medspa. However, Dermani Medspa may require franchisees to establish and maintain social media pages or profiles on platforms like Facebook, Twitter, LinkedIn, YouTube, Pinterest, Instagram, Yelp, and Google Business, adhering to the System Standards. Dermani Medspa reserves the right to use designated or approved suppliers for managing these social media pages and may conduct collective/national campaigns via local social media on the franchisee's behalf.
Dermani Medspa retains sole ownership of the copyrights to all material on any website or social media pages they establish and maintain, including any material provided by the franchisee for their "click through" subpage. This comprehensive control over marketing and advertising ensures brand consistency but also limits the franchisee's autonomy in promoting their specific location.