Who are considered 'Non-Medical Personnel' for C3 Wellness Spa?
C3_Wellness_Spa Franchise · 2024 FDDAnswer from 2024 FDD Document
h Manager attempts to collect such charges, the methods of collection and the amount of settlements with respect to disputed charges, and the determination of which charges are not collectible, will be determined by Manager. However, the fee schedule to determine the cost of such services will be determined solely by Practice.
(c) Personnel.
(1) Manager Personnel are staff employed and paid by Manager to perform management services on behalf of Manager for the benefit of Practice. Manager Personnel are controlled by Manager and generally are not a Practice Expense. However, if Manager Personnel perform services that are listed as Practice Expenses under Appendix A, or services requested by Practice that Manager and Practice have agreed will be treated as a Practice Expense, the applicable portion of Manager Personnel's time may be reimbursed by Practice as a Practice Expense.
(2) Leased Personnel.
- (i) Except as otherwise provided in subsection (C), all Non-Medical Personnel (which does not include Practice Professionals) will be directly employed by Manager with Non-Medical Personnel being leased to the Practice as follows:
- (A) Non-Medical Personnel will be employees or independent contractors of Manager, and the cost of Manager, including but not limited to their salaries, benefits and associated payroll costs, will be borne by Manager. Manager will select for employment and terminate the employment of all Non-Medical Personnel as Manager deems necessary or advisable, and will be responsible for the supervision, direction, training and assigning of duties of all Non-Medical Personnel, as well as determining the rates of compensation for such personnel.
- (B) Non-Medical Personnel will perform their day to day duties at Practice and will be under the supervision and direction of Practice for those day to day duties. Non-Medical Personnel will be subject to the reasonable instructions, directions and policies of Practice in the performance of their duties.
Source: Item 23 — RECEIPTS (FDD pages 59–293)
What This Means (2024 FDD)
According to C3 Wellness Spa's 2024 Franchise Disclosure Document, 'Non-Medical Personnel' does not include 'Practice Professionals'. The document specifies that Non-Medical Personnel are generally employed by a 'Manager' and then leased to the C3 Wellness Spa practice. The Manager is responsible for the employment terms of these personnel, including salaries, benefits, and supervision. However, the day-to-day duties of the Non-Medical Personnel at the C3 Wellness Spa are supervised and directed by the practice itself.
Notably, the C3 Wellness Spa practice can provide reasonable instructions and policies to the Non-Medical Personnel in performing their duties. The practice reimburses the Manager for the time spent by these personnel on their behalf, categorized as a 'Practice Expense'. In some cases, the practice and the Manager can agree in writing for certain Non-Medical Personnel to be directly employed or contracted by the practice, giving the practice control over their employment terms.
This arrangement allows for flexibility in staffing, where C3 Wellness Spa franchisees can leverage the Manager for certain personnel functions while maintaining control over day-to-day operations. It also distinguishes between Non-Medical Personnel and other categories like 'Non-Physician Medical Personnel', which have separate employment and supervision arrangements. Prospective franchisees should clarify with C3 Wellness Spa the specific roles that fall under 'Non-Medical Personnel' and the extent of their control over these employees versus the Manager's responsibilities.