Under what condition, as determined by the franchisee and their counsel, might Dermani Medspa waive the requirement for a Management Agreement between the franchisee and a PC?
Dermani_Medspa Franchise · 2025 FDDAnswer from 2025 FDD Document
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, Dermani Medspa may waive the requirement for a Management Agreement between the franchisee and a PC if applicable state law does not require such an agreement. This determination must be made by the franchisee and their legal counsel.
In cases where state law does not mandate a Management Agreement, Dermani Medspa may still require the franchisee to execute a waiver of management agreement. However, Dermani Medspa retains the final decision on whether to permit the waiver.
This waiver allows the franchisee to directly own and operate the Medspa. However, the franchisee will assume all obligations, rights, and responsibilities of the PC as outlined in the Franchise Agreement. The franchisee must also operate as the manager of the business and the Medspa, and cannot retain an independent management company. It is the franchisee's responsibility to ensure that the corporate and ownership structure and operation of the Medspa comply with all applicable local, state, and federal laws.