Under the Dermani Medspa franchise agreement, is the franchisee considered an agent, legal representative, subsidiary, joint venturer, partner, employee, joint employer, or servant of the franchisor?
Dermani_Medspa Franchise · 2025 FDDAnswer from 2025 FDD Document
- 10.1.2. At all times during the term of this Agreement, you shall hold yourself out to the public as an independent contractor operating pursuant to this Agreement. You shall take such action as may be necessary to do so, including, without limitation, exhibiting a notice of that fact in a conspicuous place in your offices, the content of which we reserve the right to specify.
- 10.1.3. You hereby irrevocably affirm, attest, and covenant your understanding that your employees are employed exclusively by you and in no fashion are any such employee employed, jointly employed or co-employed by us.
- 10.1.4. We and you may not make any express or implied agreements, warranties, guarantees, or representations, or incur any debt, in the name or on behalf of the other or represent that our respective relationship is other than that of franchisor and developer. We will not be obligated for any damages to any person or property directly or indirectly arising out of the Development Schedule or the business you conduct under this Agreement.
Source: Item 23 — RECEIPTS (FDD pages 66–311)
What This Means (2025 FDD)
According to the 2025 Dermani Medspa Franchise Disclosure Document, the franchisee is explicitly defined as an independent contractor. The franchise agreement states that the franchisee must hold themselves out to the public as an independent contractor and take necessary actions to ensure this is clear, including displaying a notice in their offices. Dermani Medspa maintains the right to specify the content of this notice.
The agreement also makes it clear that the franchisee's employees are employed exclusively by the franchisee and not by Dermani Medspa in any capacity, including joint employment or co-employment. This distinction is important for liability and responsibility purposes, ensuring that the franchisee is solely responsible for their employees.
Furthermore, the franchise agreement specifies that neither Dermani Medspa nor the franchisee can make any agreements, warranties, guarantees, or representations on behalf of the other, nor can they incur any debt in the name of the other. They cannot represent their relationship as anything other than franchisor and franchisee. Dermani Medspa will not be held responsible for any damages arising from the franchisee's business operations under the agreement. This reinforces the independent nature of the relationship and protects Dermani Medspa from liabilities incurred by the franchisee.