What agreement will the Parties enter into regarding HIPAA for C3 Wellness Spa?
C3_Wellness_Spa Franchise · 2024 FDDAnswer from 2024 FDD Document
ch of the undersigned has executed this Agreement as of the date or dates set forth below.
| Owner / Spouse: | Owner / Spouse: | ||
|---|---|---|---|
| Signature of Owner / Spouse | Signature of Owner / Spouse | ||
| Name (please print individual name) | Name (please print individual name) | ||
| Date | Date | ||
| Signature of Owner / Spouse | Signature of Owner / Spouse | ||
| Name (please print individual name) | Name (please print individual name) | ||
| Date | Date |
Franchise Agreement – Exhibit 2 Confidentiality Agreement
[THIS EXHIBIT IS FOR REFERENCE PURPOSES ONLY AS A SAMPLE FORM CONFIDENTIALITY AGREEMENT THAT FRANCHISOR MAY APPROVE FOR USE BY FRANCHISEE – BEFORE USING WITH AN EMPLOYEE OR CONTRACTOR FRANCHISEE SHOULD HAVE THIS AGREEMENT REVIEWED AND APPROVED BY AN INDEPENDENT LOCAL ATTORNEY HIRED BY FRANCHISEE]
Confidentiality Agreement (Sample Only)
This Agreement (the "Agreement") is entered into by the undersigned ("you") in favor of:
WHEREAS, we are the owners of a licensed C3 Wellness Business (hereinafter referred to as the "C3 Wellness Business") that we independently own and operate as a Franchisee;
WHEREAS, you are or are about to be an employee, independent contractor, officer and/or director of an C3 Wellness Business that is independently owned and operated by us;
WHEREAS, in the course of your employment, independent contractor relationship and/or association with us, you may gain access to Confidential Information (defined below in this Agreement) and you understand that it is necessary to protect the Confidential Information and for the Confidential Information to remain confidential;
WHEREAS, our franchisor, Aryes Franchising LLC is not a party to this agreement and does not own or manage the C3 Wellness Business but is an intended third party beneficiary of this Agreement; and
WHEREAS, this Agreement is not an employment agreement and is only a confidentiality agreement in connection with information, materials and access that may be provided to you in connection with the C3 Wellness Business.
NOW THEREFORE, you acknowledge and agree as follows:
- 1. Recitals and Representations. You agree that the foregoing Recitals and Representations are true and accurate and shall constitute a part of this Agreement and are hereby incorporated into the main body of this Agreement.
- 2. Definitions. For purposes of this Agreement, the following terms have the meanings given to them below:
- "Business Management System" refers to and means the software and/or internet or cloud based system and/or systems, point of sale system or systems and customer relationship management system or systems as used in connection with the operations of the C3 Wellness Business.
- "Business Management System Data" refers to and means the forms, data, tools, customer information, inventory and sales information, and other information that is entered into and/or maintained on the Business Management System of the C3 Wellness Business.
"Confidential Information" refers to and means: (a) non-public methods, specifications, standards, policies, procedures, information, concepts, programs and systems relating to the development, establishment, marketing, promotion and operation of the C3 Wellness Business; (b) information concerning customers, customer lists, email lists, database lists, product sales, operating results, financial performance and other financial data of the C3 Wellness Business;
Source: Item 23 — RECEIPTS (FDD pages 59–293)
What This Means (2024 FDD)
Based on the 2024 Franchise Disclosure Document, C3 Wellness Spa franchisees may use a Confidentiality Agreement. This agreement is between the franchisee (as the business owner) and their employees or contractors. Aryes Franchising LLC, the franchisor, is not a party to this agreement but is considered a third-party beneficiary. The agreement is intended to protect the confidential information of C3 Wellness Spa.
The Confidentiality Agreement defines "Confidential Information" as non-public methods, specifications, standards, policies, procedures, information, concepts, programs, and systems related to the development, marketing, promotion, and operation of the C3 Wellness Spa business. It also includes customer information, customer lists, email lists, database lists, product sales, operating results, financial performance, and other financial data. Additionally, it covers Business Management System Data and the information in the C3 Wellness Operations Manual.
This agreement ensures that employees and contractors of the C3 Wellness Spa franchisee understand their obligations to protect sensitive business information. Franchisees should have the agreement reviewed by an independent local attorney to ensure it complies with local laws and adequately protects their interests. While the franchisor provides a sample agreement, it is the franchisee's responsibility to ensure its suitability and legality for their specific circumstances.