Under what conditions can Dermani Medspa unilaterally waive an obligation of the franchisee?
Dermani_Medspa Franchise · 2025 FDDAnswer from 2025 FDD Document
12.2. Waiver of Obligations.
- 12.2.1. We and you may by written instrument unilaterally waive or reduce any obligation of or restriction upon the other under this Agreement, effective upon delivery of written notice to the other or another effective date stated in the notice of waiver. Any waiver granted will be without prejudice to any other rights we or you have, will be subject to continuing review, and may be revoked at any time and for any reason effective upon delivery of ten (10) days' prior written notice.
Source: Item 23 — RECEIPTS (FDD pages 66–311)
What This Means (2025 FDD)
According to the 2025 Dermani Medspa Franchise Disclosure Document, Dermani Medspa can unilaterally waive or reduce any obligation or restriction upon the franchisee under the Franchise Agreement. This waiver must be in writing and becomes effective upon delivery of written notice to the franchisee or on another effective date stated in the waiver notice.
However, any waiver granted by Dermani Medspa is not absolute. It does not prevent Dermani Medspa from exercising any other rights they possess. The waiver is subject to ongoing review and Dermani Medspa can revoke it at any time, for any reason. To revoke a waiver, Dermani Medspa must provide the franchisee with ten days' prior written notice.
This clause ensures that Dermani Medspa retains the flexibility to adjust requirements or expectations of franchisees as needed, while also protecting their long-term rights and ability to enforce the franchise agreement. Prospective franchisees should understand that any temporary easing of obligations does not guarantee a permanent change and that Dermani Medspa can reinstate the original terms with advance notice.