Who are considered 'Manager Personnel' for C3 Wellness Spa, and where can details be found?
C3_Wellness_Spa Franchise · 2024 FDDAnswer from 2024 FDD Document
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.
Source: Item 23 — RECEIPTS (FDD pages 59–293)
What This Means (2024 FDD)
Based on the 2024 C3 Wellness Spa Franchise Disclosure Document, the term 'Manager Personnel' is not explicitly defined. However, Exhibit 2, titled "Confidentiality Agreement," provides some context regarding individuals who might be considered as such. This exhibit is presented as a sample form that C3 Wellness Spa franchisees may use with their employees or contractors, but it is recommended that franchisees have the agreement reviewed and approved by an independent local attorney before use.
The sample confidentiality agreement is intended for individuals who are or are about to become an employee, independent contractor, officer, and/or director of a C3 Wellness Spa business independently owned and operated by a franchisee. These individuals may gain access to confidential information during their association with the C3 Wellness Spa business, necessitating the protection of such information. The agreement specifies that Aryes Franchising LLC, the franchisor, is not a party to the agreement but is an intended third-party beneficiary.
While the FDD does not directly define 'Manager Personnel,' the confidentiality agreement suggests that employees, independent contractors, officers, and directors of a C3 Wellness Spa franchise could be considered as such, given their potential access to confidential business information. A prospective franchisee should seek clarification from C3 Wellness Spa regarding the specific roles and responsibilities that constitute 'Manager Personnel' and the related obligations and requirements.