Does a waiver of one breach of the Dermani Medspa agreement constitute a waiver of subsequent breaches?
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's failure to enforce any right or insist on compliance with the agreement does not waive its right to demand compliance with all terms of the agreement. Dermani Medspa can accept payments from the franchisee even after a breach without waiving its right to address that breach.
Specifically, Dermani Medspa and the franchisee will not waive or impair any right, power, or option the agreement reserves because of any custom or practice at variance with the agreement's terms. This includes Dermani Medspa's right to demand exact compliance with every term, condition, and covenant or to declare any breach to be a default and to terminate the agreement before its term expires.
This clause also applies to Dermani Medspa's or the franchisee's failure, refusal, or neglect to exercise any right under the agreement or to insist upon the other's compliance with the agreement, including any System Standard. It 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, and the existence of franchise agreements for other Franchised Businesses which contain provisions different from those contained in this Agreement.