factual

Under the Dermani Medspa agreement, can a special legend on a check act as a waiver?

Dermani_Medspa Franchise · 2025 FDD

Answer from 2025 FDD Document

No special or restrictive legend or endorsement on any check or similar item given to us will be a waiver, compromise, settlement, or accord and satisfaction.

We are authorized to remove any legend or endorsement, which then will have no effect.

Source: Item 23 — RECEIPTS (FDD pages 66–311)

What This Means (2025 FDD)

According to the 2025 Dermani Medspa Franchise Disclosure Document, a special or restrictive legend or endorsement on any check given to Dermani Medspa will not be considered a waiver, compromise, settlement, or accord and satisfaction. Dermani Medspa is authorized to remove any such legend or endorsement, and it will have no effect. This protects Dermani Medspa from franchisees attempting to alter the terms of their financial obligations through notations on checks.

This provision ensures that Dermani Medspa maintains its right to full and exact compliance with the franchise agreement's financial terms. It prevents franchisees from unilaterally changing the payment terms or amounts due by adding restrictive legends to their payments. This is a fairly standard clause in franchise agreements, designed to prevent disputes over payment obligations.

For a prospective Dermani Medspa franchisee, this means that any attempt to use a check's memo line or endorsement to negotiate or alter the financial terms of the franchise agreement will be invalid. Franchisees must adhere to the agreed-upon payment schedules and amounts, and any discrepancies or disputes must be resolved through formal written agreements or other established channels, not through informal notations on checks. This underscores the importance of clear communication and documentation in all financial dealings with Dermani Medspa.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.