Where are the management services that C3 Wellness Spa's Manager furnishes to the Practice described?
C3_Wellness_Spa Franchise · 2024 FDDAnswer from 2024 FDD Document
"Spa Facility and Management Services" shall have the meaning defined in the "Recitals" section of this Agreement and is further supplemented, as follows: the term "Spa Facility and Management Services", shall refer to and mean those services authorized by Franchisor as set forth in the Operations Manual and to be further described in the Management Agreement that Franchisee will enter into, including and relating to (a) the development and maintenance of a Spa Facility at a Spa Location
designated and established in accordance with the terms of this Agreement; (b) services involving the subleasing and/or license of a Spa Facility to Authorized Care Providers subject to a Management Agreement; (c) administration and management services related to the administration and management of a Spa in connection with all Spa where such administrative and management services do not violate Authorized Care Provider Regulation or other applicable laws, rules or regulations; (d) all services and/or products that Franchisor authorizes for a Management Agreement; and (e) all other services and products that Franchisor, in Franchisor's Reasonable Business Judgment, designates and authorizes in the Operations Manual and as Franchisor, in Franchisor's Reasonable Business Judgment, may supplement and modify from time to time. Notwithstanding anything contained herein to the contrary, to the extent that the Spa Facility and Management Services are governed by and/or subject to Authorized Care Provider Regulation and/or any other federal, state or local rules or regulations that prohibit and/or otherwise restrict Franchisor's determination as to the required Spa Facility and Management Services, the foregoing definition shall be interpreted to provide Franchisor with the fullest discretion and ability to specify and designate the Spa Facility and Management Services without violating the Authorized Care Provider Regulation and applicable laws, rules and regulations. At all times Franchisee is responsible for ensuring that, at all times, Franchisee shall comply with Authorized Care Provider Regulations and all other applicable laws, rules, and regulation related to a Spa.
Source: Item 23 — RECEIPTS (FDD pages 59–293)
What This Means (2024 FDD)
According to the 2024 C3 Wellness Spa FDD, the "Spa Facility and Management Services" are defined in the Recitals section of the agreement and further supplemented. These services, as authorized by C3 Wellness Spa and detailed in the Operations Manual and Management Agreement, include the development and maintenance of a Spa Facility at a designated Spa Location, subleasing and/or licensing the Spa Facility to Authorized Care Providers under a Management Agreement, and providing administrative and management services for the Spa, ensuring compliance with Authorized Care Provider Regulations and other applicable laws.
Specifically, the management services relate to the administration and management of a Spa, provided that these services do not violate Authorized Care Provider Regulations or other applicable laws. C3 Wellness Spa retains the discretion to specify and designate these services to the fullest extent possible without violating any regulations. The franchisee is responsible for ensuring ongoing compliance with all relevant regulations pertaining to the Spa.
In summary, the FDD indicates that the specifics of the management services are found in the Recitals section of the agreement, the Operations Manual, and the Management Agreement itself. A prospective franchisee should carefully review these documents to fully understand the scope and limitations of the management services they will be providing.