What is the condition for the Manager to have access to C3 Wellness Spa's Practice facilities?
C3_Wellness_Spa Franchise · 2024 FDDAnswer from 2024 FDD Document
services by one Party to the other Party. Nothing will require, directly or indirectly, that either Party refer or direct any patients to the other Party. If any legislation, regulation or government policy is passed or adopted, the effect of which would cause either Party to be in violation of such laws due to the existence of any provision of this Schedule B(e), then the Parties agree to negotiate in good faith for a period of 30 days to modify the terms of this Schedule B(e) to comply with applicable law. Should the Parties fail to agree upon modified terms during such 30-day period, either Party may terminate upon notice.
- 1.04. Survival. Upon expiration or termination of this Agreement for any reason, the terms of Section 1.02(d) will survive until all amounts due by Practice are paid in full and/or until Practice's obligations under such provisions are fulfilled; and Section 1.02(b) and (e) will survive for five years.
Schedule B(m) License Agreement
- 1.01. Nonexclusive License. Subject to the terms and conditions of this Agreement, Manager grants to Practice a limited, nonexclusive, nontransferable license to use Manager's Trademark "C3 Wellness" in connection with and in furtherance of the operation of Practice's operations including the use of "C3 Wellness" and in Practice's assumed name at Practice's physical address located at _____________________________________.
Source: Item 23 — RECEIPTS (FDD pages 59–293)
What This Means (2024 FDD)
Based on the 2024 C3 Wellness Spa Franchise Disclosure Document, the terms and conditions for a Manager to have access to C3 Wellness Spa's Practice facilities are not explicitly detailed in the provided excerpts. However, the document does outline a licensing agreement between the Manager and the Practice.
According to Schedule B(m) License Agreement, the Manager grants the Practice a limited, nonexclusive, and nontransferable license to use the Manager's Trademark "C3 Wellness" in connection with the Practice's operations. This license allows the Practice to use the trademark, including "C3 Wellness", at the Practice's physical address. In return, the Practice agrees not to market or operate its business under any other name or trademark during the term of the agreement, unless required by law.
While the excerpts do not specify the conditions for the Manager to access the Practice's facilities, they do highlight the importance of maintaining the integrity of the "C3 Wellness" trademark and ensuring that all goodwill associated with the trademark benefits the Manager. A prospective franchisee should seek clarification from C3 Wellness Spa regarding the specific conditions and protocols governing Manager access to Practice facilities to fully understand their obligations and rights.