What strategic planning assistance does the Manager provide to Dermani Medspa?
Dermani_Medspa Franchise · 2025 FDDAnswer from 2025 FDD Document
ARTICLE III. DUTIES OF MANAGER
- 3.01. Administrative Services. Consistent with applicable federal, state and local laws, Practice hereby engages Manager on an exclusive basis to provide administrative, operational and non-professional services to Practice. Manager's duties include, but are not limited to, providing the services set forth on attached Exhibit A (collectively, the "Administrative Services"). Exhibit A may be amended or substituted from time to time, as mutually agreed by the Parties. The amended Exhibit A shall state the date upon which all changes are effective.
- 3.02. Manager Personnel. Manager shall provide the personnel needed to operate and support the provision of Administrative Services ("Manager Personnel"). Manager shall recruit, hire, supervise, monitor, train, discipline, and terminate Manger Personnel and shall maintain and provide storage facilities for the human resource records and other employment information of both Manager Personnel and Practitioners. Consistent with reasonably prudent personnel management policies, Manager shall seek and consider the advice, input, and requests of Practice in regards to Manager Personnel matters. Practice shall at all times have discretion over all decisions relating to Practitioners.
- 3.03. Advisors, Consultants, Subcontractors, and Affiliates. Manager may utilize the services of advisors, consultants, subcontractors, and affiliates as it deems necessary to carry out the Administrative Services; provided, however, if Practice delivers to Manager a written good faith and reasonable objection against the continued use of any particular advisor, consultant, subcontractor or affiliate, Manager shall consider such objection in good faith. Practice acknowledges and understands that Manager operates as a franchisee of "dermani MEDSPA Franchising, LLC" (the "Franchisor") and Franchisor may be authorized to provide some, or provide support for some Administrative Services.
- 3.04. Excluded Services and Liabilities. Manager has no obligation or authority under this Agreement regarding, and shall not undertake, any activity that is required by law to be provided solely by a licensed physician.
- 3.05. Authority to Carry out Administrative Services. Practice hereby grants Manager the authority to carry out the Administrative Services on behalf of Practice. Accordingly, Practice hereby grants Manager, and individuals that Manager authorizes to carry out the Administrative Services, with the authority to execute contracts and other instruments on behalf of Practice (which do not relate to or interfere with the professional judgment of Practice or its health care providers) as is necessary or useful in the performance of the Administrative Services; provided, however,
Source: Item 23 — RECEIPTS (FDD pages 66–311)
What This Means (2025 FDD)
The 2025 Dermani Medspa FDD describes the duties of the Manager, who is engaged by the Practice to provide administrative, operational, and non-professional services. These services are detailed in Exhibit A of the Management Agreement and can be amended by mutual agreement between the parties. The Manager's responsibilities include providing the personnel needed to support these Administrative Services, including recruiting, hiring, training, and supervising Manager Personnel. The Manager must also maintain human resource records for both Manager Personnel and Practitioners, while considering the advice and input of the Practice regarding Manager Personnel matters. The Practice retains ultimate discretion over decisions relating to Practitioners.
The Manager may utilize advisors, consultants, subcontractors, and affiliates to carry out the Administrative Services, but must consider any reasonable objections from the Practice regarding their use. Dermani Medspa operates as a franchisee of "dermani MEDSPA Franchising, LLC", and the Franchisor may provide support for some Administrative Services. The Manager has the authority to execute contracts and other instruments on behalf of the Practice as necessary for performing the Administrative Services, provided they do not interfere with the professional judgment of the Practice or its healthcare providers.
In essence, the Manager handles the administrative and operational aspects of the Dermani Medspa, allowing the medical professionals to focus on providing medical services. This division of labor is common in the healthcare franchise industry, where legal and regulatory requirements often necessitate a separation between business management and medical practice. The franchisee, acting as the Manager, focuses on the business's strategic planning and administrative functions, while licensed professionals handle the medical services.
Prospective Dermani Medspa franchisees should carefully review Exhibit A of the Management Agreement to fully understand the scope of Administrative Services provided by the Manager. They should also inquire about the level of support provided by the Franchisor for these services and any potential limitations or restrictions on the Manager's authority.