For C3 Wellness Spa, what is the definition of 'Non-Physician Medical Personnel'?
C3_Wellness_Spa Franchise · 2024 FDDAnswer from 2024 FDD Document
(ii) Except as otherwise provided in subsection (C), all Non-Physician Medical Personnel will be directly employed by Manager with Non-Physician Medical Personnel being leased to the Practice as follows:
(A) Non-Physician Medical Personnel will be employees of Manager, and the cost of Manager, including but not limited to their salaries, benefits and associated payroll costs, will be borne by Manager and not passed on to Practice.
Source: Item 23 — RECEIPTS (FDD pages 59–293)
What This Means (2024 FDD)
Based on the 2024 Franchise Disclosure Document, C3 Wellness Spa utilizes 'Non-Physician Medical Personnel' within its franchised locations. The document states that these personnel will be directly employed by a Manager, not the Practice (franchisee), unless otherwise agreed upon in writing between the Practice and the Manager. The Manager is responsible for covering the costs associated with these employees, including salaries, benefits, and payroll expenses. The Manager also handles the hiring, termination, supervision, training, and assignment of duties for these personnel, as well as determining their compensation rates.
However, the C3 Wellness Spa franchisee (referred to as 'Practice' in the document) provides day-to-day supervision and direction to the Non-Physician Medical Personnel. These personnel are subject to the Practice's instructions, directions, and policies while performing their duties. The Practice reimburses the Manager for the time spent by these personnel working for the Practice, at rates agreed upon by both parties. The Practice may also be considered a co-employer to the extent required to direct their duties.
In some instances, C3 Wellness Spa Practice and Manager may agree in writing for certain Non-Physician Medical Personnel to be directly employed by or contracted with the Practice. In such cases, the Practice controls the selection, terms of employment, compensation, supervision, training, and assignment of duties for these personnel. The FDD excerpt does not provide a specific definition of 'Non-Physician Medical Personnel'. To fully understand the scope of this term, a prospective franchisee should seek clarification from C3 Wellness Spa regarding the specific roles and qualifications encompassed by this category.