Who is responsible for the acquisition, operation, maintenance, and upgrading of the Dermani Medspa Computer System?
Dermani_Medspa Franchise · 2025 FDDAnswer from 2025 FDD Document
peration, maintenance, and upgrading of the Computer System; (b) the manner in which your Computer System interfaces with our and any third party's computer system; and (c) any and all consequences if the Computer System is not properly operated, maintained, and upgraded. You may not install any software, other than authorized upgrades, or make any hardware modifications to the Computer System that might hamper or interfere with the operation of the Computer System in the manner we require.
- 2.4.4. We have the right to specify in the Manual, or otherwise in writing, the information that you must collect and maintain through the Computer System and to do so at the intervals we designate. Subject to any applicable laws pertaining to the privacy of consumer, employee, and transactional information, including but not limited to the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), you agree to provide us, or designated suppliers of support services that use such data to provide services to the Franchised Business, with the reports that we may reasonably request. You agree to allow us to have independent access to the information generated or stored in your Computer System. During any periods that we have independent access, we may access the Computer System as we deem appropriate (including on a continual basis), and retrieve all information concerning your Franchised Business's operation, subject to your and our compliance with HIPAA (if applicable) or other applicable law relating to confidentiality of patient records. There are no contractual limitations on our right to access your Company System for information and data.
- 2.4.5. By execution of this Agreement, you and we agree to abide by the terms of the Business Associate Agreement regarding customers' protected health information, as provided in the Management Agreement at Exhibit J, the terms of which are hereby incorporated into and become effective with the execution of this Agreement. You agree to execute an amended Business Associate Agreement to the extent we determine such an amended agreement is necessary.
- 2.4.6. Prior to opening the Medspa, you shall pay us an one-time software licensing fee associated with computer software that we may require f
Source: Item 23 — RECEIPTS (FDD pages 66–311)
What This Means (2025 FDD)
The 2025 Dermani Medspa FDD does not explicitly state who is responsible for the acquisition, operation, maintenance, and upgrading of the Dermani Medspa Computer System. However, it does outline some responsibilities of the franchisee regarding the computer system.
The Dermani Medspa franchisee is prohibited from installing unauthorized software or making hardware modifications that could interfere with the computer system's required operation. Dermani Medspa has the right to specify the information that the franchisee must collect and maintain through the computer system. The franchisee must also provide Dermani Medspa, or its designated support service providers, with requested reports, while adhering to privacy laws like HIPAA. Dermani Medspa is granted independent access to the information generated or stored in the franchisee's computer system and can retrieve information concerning the franchised business's operations.
Prior to opening, the franchisee must pay an Initial Licensing Fee for computer software, which cannot exceed $2,500. Prospective franchisees should seek clarification from Dermani Medspa regarding the specific responsibilities for the computer system's acquisition, operation, maintenance, and upgrades to fully understand their obligations and potential costs.