Does Dermani Medspa waive rights if they fail to insist on compliance with System Standards?
Dermani_Medspa Franchise · 2025 FDDAnswer from 2025 FDD Document
- 18.2.2.
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 does not waive its rights if they fail to insist on compliance with the System Standards.
The FDD states that Dermani Medspa will not waive or impair any right, power, or option this Agreement reserves because of any custom or practice at variance with this Agreement's terms. This includes the 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.
Additionally, Dermani Medspa's failure, refusal, or neglect to exercise any right under this Agreement or to insist upon the franchisee's compliance with this Agreement, including any System Standard, does not constitute a waiver. This also applies to Dermani Medspa's 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.