As a C3 Wellness Spa franchisee, am I obligated to keep supplements to the Manuals confidential?
C3_Wellness_Spa Franchise · 2024 FDDAnswer from 2024 FDD Document
Franchisor shall provide Franchisee with access to the Operations Manual. The Operations Manual contains, as designated and determined by Franchisor, mandatory and, as applicable, suggested specifications, standards and operating procedures that Franchisor prescribes for Spa Location Franchises. Franchisee shall operate the Franchised Business in strict accordance with the standards, specifications, and requirements set forth in the Operations Manual as, such standards, specifications, and requirements including, but not limited to, authorized Approved Spa Products and Services, authorized Spa Facility and Management Services, System Supplies, and, authorized and designated suppliers, as of the Effective Date of this Agreement and, as they may be supplemented, modified, changed, and/or replaced in the future and, from time to time, by Franchisor, in Franchisor's Reasonable Business Judgment. Franchisee shall keep and maintain the confidentiality of the Operations Manual and, shall keep and maintain all files, data and information contained in the Operations Manual in a secure location and/or in a protected confidential state and, as otherwise directed by Franchisor. The master copy and official version of the Operations Manual is and shall be the copy and/or version maintained and designated by Franchisor in Franchisor's ordinary course of business. Franchisor shall provide Franchisee with reasonable notice of modifications and changes made to the Operations Manual and, such notice may take form of electronic communications including emails and, if the Operations Manual is maintained on an online web based platform, notifications within said platform. Franchisor shall provide Franchisee with a reasonable period of time, as determined by Franchisor, in Franchisor's Reasonable Business Judgment, to implement change and modifications to the as set forth in the Operations Manual.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 41–42)
What This Means (2024 FDD)
According to the 2024 C3 Wellness Spa Franchise Disclosure Document, as a franchisee, you are obligated to maintain the confidentiality of the Operations Manual. The Operations Manual contains mandatory and suggested specifications, standards, and operating procedures that C3 Wellness Spa prescribes for its franchises.
The FDD states that you must operate your franchised business in strict accordance with the standards, specifications, and requirements set forth in the Operations Manual. These include authorized spa products and services, spa facility and management services, system supplies, and authorized and designated suppliers. These standards may be supplemented, modified, changed, and/or replaced in the future by C3 Wellness Spa.
You are required to keep and maintain the confidentiality of the Operations Manual and all files, data, and information contained within it in a secure location and/or in a protected confidential state, as directed by C3 Wellness Spa. The master copy and official version of the Operations Manual is maintained and designated by C3 Wellness Spa. C3 Wellness Spa will provide you with reasonable notice of modifications and changes made to the Operations Manual, potentially through electronic communications or notifications within an online platform. You will be given a reasonable period of time to implement these changes and modifications.