Does the C3 Wellness Spa franchise agreement require adherence to the System standards and specifications?
C3_Wellness_Spa Franchise · 2024 FDDAnswer from 2024 FDD Document
ARTICLE 7 OPERATING STANDARDS
The Operating Standards set forth in this Article 7 are all subject to Article 3.H. of this Agreement. In connection with Franchisee's compliance with the terms of this Article 7, if Franchisee discovers, learns of, and/or becomes aware of any conflict and/or discrepancy between Franchisee's obligations under this Article 7 and/or Article 3.H. of this Agreement with Franchisor's standards and/or specifications as contained in this Agreement and/or otherwise, in the Operations Manual, and/or as otherwise designated by Franchisor from time to time, Franchisee shall immediately notify Franchisor in writing of such discrepancy. In the event of any conflict or ambiguity, Franchisor's determination and/or resolution made by Franchisor, in writing, and, specifically with regard to the presented conflict or ambiguity, shall be determinative as between Franchisor and Franchisee and the operations of the Franchised Business.
7.A. OPERATING REQUIREMENTS
At all times, Franchisee and the Franchised Business shall: (a) exclusively offer and sell the Approved Spa Products and Services or Spa Facility and Management Services, as applicable and, as designated by Franchisor in the Operations Manual and/or as otherwise designated by Franchisor in writing and as may be modified by Franchisor from time to time; (b) exclusively purchase and utilize the System Supplies as designated by Franchisor in the Operations Manual and as may be modified by Franchisor from time to time; (c) maintain a complete and updated inventory and supply of System Supplies as designated by Franchisor in the Operations Manual and as may be modified by Franchisor from time to time; (d) maintain Franchisee's Spa Facility in a clean, sanitary, functional and well maintained condition; and (e) maintain, update and recondition Franchisee's Spa Facility as designated by Franchisor in the Operations Manual and as may be modified by Franchisor from time to time.
Source: Item 23 — RECEIPTS (FDD pages 59–293)
What This Means (2024 FDD)
According to C3 Wellness Spa's 2024 Franchise Disclosure Document, franchisees must adhere to the standards and specifications of the C3 Wellness Spa system. Specifically, franchisees must exclusively offer and sell approved spa products and services, and they must exclusively use system supplies. These products, services, and supplies must align with the standards outlined in the operations manual, which C3 Wellness Spa can modify over time.
C3 Wellness Spa franchisees are also required to maintain their spa facilities in a clean, sanitary, functional, and well-maintained condition. Furthermore, they must regularly update and recondition their facilities as specified in the operations manual, which may also be updated by C3 Wellness Spa.
In cases of conflict or discrepancies between the franchisee's obligations and C3 Wellness Spa's standards, the franchisee is obligated to notify C3 Wellness Spa in writing. C3 Wellness Spa's resolution of any conflict or ambiguity will be the final determination between the franchisor and franchisee, ensuring that the franchisor's standards take precedence in the operation of the franchised business.