Does Face Foundrie require franchisees to offer and sell Memberships?
Face_Foundrie Franchise · 2025 FDDAnswer from 2025 FDD Document
- 9.08 Memberships. Franchisee will offer and sell rights of access or service packages to the Facial Bar (each a "Membership") as Franchisor requires from time to time. All Memberships must be evidenced by a written agreement and may not be for a term that extends beyond the expiration of this Agreement (a "Membership Agreement"). Franchisor reserves the right to provide Franchisee a form of Membership Agreement, and if it does so, Franchisee will use the form of Membership Agreement that Franchisor provides to Franchisee, and will not make any modifications in the forms without Franchisor's prior written consent. Notwithstanding the foregoing, Franchisee acknowledges that it is responsible for ensuring that the Membership Agreements and its offer of Memberships comply with all applicable laws for its Facial Bar. If such laws require that Franchisee modify the Membership Agreements or the terms of Membership that if offers, Franchisee may do so only to the extent necessary to comply with such applicable laws, provided that Franchisee provide Franchisor with written notice at least fourteen (14) days prior to such modifications. Any Membership Agreement that has been modified without Franchisor's consent shall be void. Franchisee agrees to comply with Franchisor's System standards regarding Memberships, including regarding the following matters: (i) the types and terms of Memberships it may offer; (ii) the form(s) of Membership Agreement; (iii) the terms and conditions upon which a member may transfer his or her Membership from the Facial Bar to another Face Foundrié Facial Bar and vice versa; (iv) admission of members of the Facial Bar to other Face Foundrié Facial Bars; (v) procedures to follow when members transfer to or from the Facial Bar; (vi) use and acceptance of coupons, passes, certificates, and gift cards; (vii) group accounts and group Memberships (and discounts applicable thereto); and (viii) payment terms for Memberships. Franchisee agrees that Franchisor and its Affiliates own all information relating to clients and members of the Facial Bar, including names, addresses, telephone numbers, e-mail addresses, buying habits, preferences, demographic information and related information, that it comprises personal information and part of the Confidential Information, and that Franchisor and its Affiliates may use such membership information in its and their business activities.
Source: Item 22 — CONTRACTS (FDD pages 73–74)
What This Means (2025 FDD)
According to Face Foundrie's 2025 Franchise Disclosure Document, franchisees are required to offer and sell Memberships. Face Foundrie requires franchisees to offer and sell rights of access or service packages, referred to as "Memberships," as the franchisor requires from time to time. These Memberships must be evidenced by a written agreement, called a "Membership Agreement," and cannot extend beyond the term of the Franchise Agreement. Face Foundrie retains the right to provide franchisees with a form of Membership Agreement.
Face Foundrie also has specific requirements regarding the Membership Agreements. Franchisees must use the Membership Agreement form that Face Foundrie provides and cannot modify it without prior written consent. Franchisees are responsible for ensuring that their Membership Agreements and Membership offerings comply with all applicable laws for their Facial Bar. If local laws require modifications, franchisees can make necessary changes, but they must provide Face Foundrie with written notice at least fourteen (14) days before implementing such changes. Any unauthorized modifications to the Membership Agreement will be considered void.
Face Foundrie also sets standards for Memberships, including the types and terms of Memberships, the form of the Membership Agreement, the conditions for transferring Memberships between Face Foundrie Facial Bars, the admission of members to other Face Foundrie locations, procedures for member transfers, the use of coupons, passes, certificates, and gift cards, group accounts and Memberships, and payment terms for Memberships. Face Foundrie and its affiliates retain ownership of all client and member information, including names, addresses, contact details, buying habits, preferences, and demographic information, which is considered confidential and can be used in their business activities.