Who is responsible for the costs of Dermani Medspa enforcing Section 9, and what does this include?
Dermani_Medspa Franchise · 2025 FDDAnswer from 2025 FDD Document
You agree to pay all costs and expenses that we reasonably incur in enforcing this Section 9, including reasonable attorneys' fees, costs, and expenses (including interest on such fees, costs, and expenses).
You acknowledge that a violation of the terms of this Section 9 would result in irreparable injury to us for which no adequate remedy at law may be available.
Accordingly, you consent to the issuance of an injunction prohibiting any conduct in violation of the terms of this Section 9.
Such injunctive relief will be in addition to any other remedies that we may have.
Source: Item 23 — RECEIPTS (FDD pages 66–311)
What This Means (2025 FDD)
According to Dermani Medspa's 2025 Franchise Disclosure Document, the franchisee is responsible for covering all costs and expenses that Dermani Medspa reasonably incurs while enforcing Section 9 of the franchise agreement. This includes reasonable attorneys' fees, costs, and expenses, along with interest accrued on these fees, costs, and expenses.
Section 9 likely contains covenants related to non-competition, confidentiality, or other restrictions on the franchisee's activities, although the specific contents of Section 9 are not detailed in the provided excerpts. The agreement stipulates that any claim the franchisee may have against Dermani Medspa will not serve as a defense against the enforcement of Section 9.
Furthermore, the franchisee acknowledges that violating Section 9 would cause irreparable harm to Dermani Medspa, potentially leading to injunctive relief, which is a court order prohibiting specific conduct. This injunctive relief is in addition to any other remedies Dermani Medspa may pursue. This arrangement is typical in franchising, as franchisors need to protect their brand, trade secrets, and customer relationships. The franchisee's agreement to cover enforcement costs underscores the importance of adhering to the covenants outlined in Section 9.