Under what condition is a Dermani Medspa franchisee exempt from signing a Management Agreement with a PC?
Dermani_Medspa Franchise · 2025 FDDAnswer from 2025 FDD Document
You must sign and maintain, during the term of your Franchise Agreement, a Management Agreement with a PC (unless you and we sign a Waiver of Management Agreement). It is your or your Operating Principal's full and sole responsibility to ensure that all medical personnel of the PC be duly licensed and board certified as required in their respective states and have the experience in the skills in which they need to perform the medical services. You must use our applicable standard form of Management Agreement attached to the Franchise Agreement, but 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 before signing it with the PC. The PC will employ and control the Affiliated Physicians who will provide the actual medical services required to be delivered at and through the dermani MEDSPA®. You must make sure that the PC offers all medical services in accordance with the Management Agreement and the System, and does not offer any services or products that we have not authorized to be provided in connection with dermani MEDSPA®s.
Source: Item 15 — OBLIGATION TO PARTICIPATE IN THE ACTUAL OPERATION OF THE FRANCHISE BUSINESS (FDD pages 48–50)
What This Means (2025 FDD)
According to Dermani Medspa's 2025 Franchise Disclosure Document, a franchisee must sign and maintain a Management Agreement with a PC (Professional Corporation) during the term of their Franchise Agreement. However, there is an exception to this rule. Dermani Medspa franchisees are not required to sign a Management Agreement with a PC if both the franchisee and Dermani Medspa sign a Waiver of Management Agreement.
This waiver provides an alternative arrangement to the standard requirement, suggesting that Dermani Medspa may be flexible in certain situations. The franchisee, or their Operating Principal, is fully responsible for ensuring that all medical personnel of the PC are duly licensed and board certified as required in their respective states and have the experience in the skills in which they need to perform the medical services.
It is important to note that even with a waiver, the franchisee must still ensure that all medical personnel meet the necessary qualifications and licensing requirements. The franchisee must use Dermani Medspa's applicable standard form of Management Agreement attached to the Franchise Agreement, but they may negotiate the monetary terms and, with Dermani Medspa's written consent, certain other terms of the relationship with the PC. The franchisee must obtain Dermani Medspa's written approval of the final Management Agreement before signing it with the PC. The PC will employ and control the Affiliated Physicians who will provide the actual medical services required to be delivered at and through the dermani MEDSPA®. The franchisee must make sure that the PC offers all medical services in accordance with the Management Agreement and the System, and does not offer any services or products that Dermani Medspa has not authorized to be provided in connection with dermani MEDSPA®s.