What services does the Dermani Medspa franchisee provide to the PC under the Management Agreement?
Dermani_Medspa Franchise · 2025 FDDAnswer from 2025 FDD Document
- 1.2. Professional Corporation Under Management; Services. Prior to commencing operations of the Franchised Business, you shall enter into a Management Agreement with a PC whereby you will provide to the PC management and administrative services and support consistent with the System and as outlined in our form of Management Agreement to support the PC's medspa or medical center and its delivery of medical services and related products to patients, consistent with all applicable laws and regulations. Subject to applicable law and medical licensing board and regulations, the PC shall employ and control the physicians and professionally licensed personnel, including physician assistants, medical assistants, medical receptionists, estheticians, laser practitioners, and other similar medical professionals who will provide the actual medical services at the Medspa. You will not provide any actual medical services, nor will you supervise, direct, control or suggest to the PC or its physicians or employees the manner in which the PC provides or may provide medical services to its patients. You acknowledge and agree that we will not provide any medical services, nor will we train, supervise, direct, control or suggest to the PC or its physicians or employees the manner in which the PC provides medical services to its patients. 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 Dermani Medspa's 2025 Franchise Disclosure Document, the franchisee, prior to commencing operations, must enter into a Management Agreement with a Professional Corporation (PC). Through this agreement, the franchisee provides management and administrative services and support to the PC. These services must be consistent with the Dermani Medspa system and as outlined in the provided Management Agreement form. The purpose of these services is to support the PC's medspa or medical center in its delivery of medical services and related products to patients, ensuring compliance with all applicable laws and regulations.
The PC, subject to applicable law and medical licensing board regulations, is responsible for employing and controlling the physicians and professionally licensed personnel. This includes physician assistants, medical assistants, medical receptionists, estheticians, and laser practitioners, who will provide the actual medical services at the Medspa. The franchisee is explicitly prohibited from providing any actual medical services or from supervising, directing, controlling, or suggesting to the PC or its medical professionals how to provide medical services to patients.
The Dermani Medspa franchisee must use the standard form of Management Agreement, but they can revise provisions to comply with state law and based on advice from their legal and other advisors. While the franchisee can negotiate the monetary terms and, with the franchisor's written consent, certain other terms of the relationship with the PC, the franchisor must approve the PC candidate and the final Management Agreement before it is executed. The franchisee is responsible for ensuring that the services offered by the PC align with the Franchise Agreement and that the PC operates in accordance with the Management Agreement.
The franchisee must maintain a Management Agreement with a PC at all times during the operation of the Franchised Business. If the Management Agreement is terminated during the initial term, the franchisee must enter into a new Management Agreement with a replacement PC as soon as possible, but no later than 120 days after notice of termination. In states where a management agreement is not required, Dermani Medspa may waive certain requirements and require the franchisee to execute a Waiver of Management Agreement, though the final decision to permit the waiver rests with Dermani Medspa.