Does Dermani Medspa waive any rights by accepting payments from the franchisee after a breach of the Franchise Agreement?
Dermani_Medspa Franchise · 2025 FDDAnswer from 2025 FDD Document
We and you will not waive or impair any right, power, or option this Agreement reserves (including, without limitation, our right to demand exact compliance with every term, condition, and covenant or to declare any breach to be a default and to terminate this Agreement before its term expires) because of any custom or practice at variance with this Agreement's terms; our or your failure, refusal, or neglect to exercise any right under this Agreement or to insist upon the other's compliance with this Agreement, including any System Standard; our waiver of or failure to exercise any right, power, or option, whether of the same, similar, or different nature, with other Franchised Businesses and Medspas; the existence of franchise agreements for other Franchised Businesses which contain provisions different from those contained in this Agreement; or our acceptance of any payments due from you after any breach of this Agreement.
Source: Item 23 — RECEIPTS (FDD pages 66–311)
What This Means (2025 FDD)
According to the 2025 Dermani Medspa Franchise Disclosure Document, Dermani Medspa's acceptance of payments from a franchisee after a breach of the Franchise Agreement does not constitute a waiver of any of its rights. This means that even if a franchisee violates the agreement and Dermani Medspa continues to accept payments, Dermani Medspa still retains the right to enforce the terms of the agreement and pursue remedies for the breach.
This provision protects Dermani Medspa's ability to address breaches without immediately terminating the agreement, allowing for potential resolution or continued operation while preserving their legal options. For a franchisee, this means that continued payments after a breach do not guarantee that the breach is forgiven or that Dermani Medspa cannot take action in the future.
It is important for prospective Dermani Medspa franchisees to understand that strict compliance with the Franchise Agreement is required, and that the franchisor retains all rights and powers despite any custom, practice, failure, refusal, or neglect to exercise any right under the agreement. Franchisees should seek legal counsel to fully understand their obligations and the potential consequences of any breaches.