Are there any contractual limitations on Dermani Medspa's right to access the franchisee's Computer System for information and data?
Dermani_Medspa Franchise · 2025 FDDAnswer from 2025 FDD Document
stem 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 for use in your Medspa and/or are developing, utilizing, or enhancing for use in Medspas as we deem necessary in our sole discretion (the "Initial Licensing Fee"). In any event, the Initial Licensing Fee shall not exceed Two Thousand Five Hundred Dollars ($2,500).
- 2.4.7. You must also purchase at least one (1) email address from our designated and approved vendor for use in connection with your Franchised Business and dermani MEDSPA® in accordance with our standards and specifications (additional email addresses can be purchased for an additional fee).
Source: Item 23 — RECEIPTS (FDD pages 66–311)
What This Means (2025 FDD)
According to Dermani Medspa's 2025 Franchise Disclosure Document, there are no contractual limitations on the franchisor's right to access the franchisee's computer system for information and data. Dermani Medspa has the right to specify the information that franchisees must collect and maintain through their computer systems and to do so at designated intervals.
Franchisees must provide Dermani Medspa, or their designated suppliers of support services, with reasonably requested reports, subject to applicable laws regarding privacy, including HIPAA. Franchisees also agree to allow Dermani Medspa independent access to the information generated or stored in their computer systems.
During periods of independent access, Dermani Medspa can access the computer system as they deem appropriate, including on a continual basis, to retrieve all information concerning the franchised business's operation, while complying with HIPAA or other applicable laws relating to patient record confidentiality. Franchisees are also prohibited from installing unauthorized software or making hardware modifications that could interfere with the computer system's operation as required by Dermani Medspa.