factual

For C3 Wellness Spa, what happens if a franchisee engages in Prohibited Activities?

C3_Wellness_Spa Franchise · 2024 FDD

Answer from 2024 FDD Document

Franchisee agrees that during the Term of this Agreement, Franchisee shall not engage in the following activities (the "Prohibited Activities"): (a) owning and/or having any legal or equitable interest whether, as an individual proprietor, owner, partner, member or shareholder of a Corporate Entity, or, in any similar capacity, in a Competitive Business other than, owning an interest of 3% or less in a publicly traded company that is a Competitive Business; (b) operating, managing, funding and/or performing services whether, as an employee, officer, director, manager, consultant, representative, agent, and/or creditor or, in any similar capacity, for or benefitting a Competitive Business; (c) diverting or attempting to divert any business or customers from Franchisor or, one of Franchisor's affiliates or franchisees; (d) inducing any customer or client of Franchisor, Franchisor's affiliates, franchisees of the System, or, of Franchisee, to any other person or business that is not a Spa and/or Spa Location Franchise; and/or (e) engaging in any actions, inactions, and/or activities in violation of Articles 6.B. and/or 6.C. of this Agreement (all, individually and, collectively, referred to as the "Prohibited Activities"). Franchisee agrees that if Franchisee were to engage in the Prohibited Activities that such actions would be unfair, would constitute unfair competition and would cause harm to Franchisor, the System and other Spas and/or Spa Location Franchises. Franchisee agrees that the foregoing covenants and obligations shall also apply to Franchisee's Owners and Spouses and that Franchisee's Owners and Spouses shall each execute and deliver to Franchisor the Franchise Owner and Spouse Agreement and Guaranty in the form attached to this Agreement as Exhibit 1.

Source: Item 23 — RECEIPTS (FDD pages 59–293)

What This Means (2024 FDD)

According to C3 Wellness Spa's 2024 Franchise Disclosure Document, engaging in "Prohibited Activities" during the term of the Franchise Agreement is considered unfair competition and would cause harm to C3 Wellness Spa, the System, and other C3 Wellness Spa locations.

The FDD defines "Prohibited Activities" as: (a) owning more than 3% of a publicly traded company that is a Competitive Business; (b) operating, managing, funding and/or performing services for a Competitive Business; (c) diverting or attempting to divert any business or customers from C3 Wellness Spa or its affiliates or franchisees; (d) inducing any customer or client of C3 Wellness Spa, its affiliates, franchisees, or the franchisee to any other business that is not a C3 Wellness Spa; and/or (e) engaging in any actions, inactions, and/or activities in violation of Articles 6.B. and/or 6.C. of this Agreement.

The franchise agreement specifies that these restrictive covenants and obligations also apply to the franchisee's Owners and Spouses, who are required to execute and deliver a Franchise Owner and Spouse Agreement and Guaranty to C3 Wellness Spa. This ensures that all key individuals associated with the franchise are bound by the non-compete obligations, reinforcing the protection of C3 Wellness Spa's interests.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.