For C3 Wellness Spa, is the Manager responsible for assigning duties to all Non-Physician Medical Personnel?
C3_Wellness_Spa Franchise · 2024 FDDAnswer from 2024 FDD Document
Manager may select for employment and terminate the employment of all Non-Physician Medical Personnel as Manager deems necessary or advisable, and may be responsible for the supervision, direction, training and assigning of duties of all Non-Physician Medical Personnel, as well as determining the rates of compensation for such personnel.
- (B) Consistent with this Agreement, Practice will provide supervision of the Non-Physician Medical Personnel.
Such supervision will include on-site supervisions and delegation of duties consistent with state and federal law, regulations, certification, and generally accepted community standards.
Non-Physician Medical Personnel will be subject to the reasonable instructions, directions and policies of Practice in the performance of their duties.
All time spent by Non-Physician Medical Personnel performing duties for or on behalf of Practice will be reimbursable by Practice as a Practice Expense at the rates agreed upon by Practice and Manager.
Non-Physician Medical Personnel, to the extent required for Practice to direct their duties, would be co-employed by Practice.
- (C) Practice and Manager may specifically agree in writing for certain Non-Physician Medical Personnel providing any services for or on behalf of Practice to be directly employed by or contracted with Practice.
Such Non-Physician Medical Personnel would be employees or independent contractors employed or engaged by Practice, and the selection and terms of employment or engagement, including the rates of compensation, supervision, direction, training and assignment of duties would be determined and controlled by Practice.
Source: Item 23 — RECEIPTS (FDD pages 59–293)
What This Means (2024 FDD)
According to C3 Wellness Spa's 2024 Franchise Disclosure Document, the Manager may be responsible for assigning duties to all Non-Physician Medical Personnel. Specifically, the FDD states that the Manager may be responsible for the supervision, direction, training, and assigning of duties to all Non-Physician Medical Personnel. The Manager also has the authority to select for employment and terminate the employment of all Non-Physician Medical Personnel as the Manager deems necessary or advisable, and determine the rates of compensation for such personnel. However, the Practice (likely referring to the medical practice operating within the spa) also has a role.
The Practice will provide supervision of the Non-Physician Medical Personnel, including on-site supervision and delegation of duties consistent with state and federal law, regulations, certification, and generally accepted community standards. The Non-Physician Medical Personnel are also subject to the reasonable instructions, directions, and policies of the Practice in the performance of their duties. This indicates a shared responsibility between the Manager and the Practice in overseeing these personnel.
It's important to note that the Practice and Manager can agree in writing for certain Non-Physician Medical Personnel to be directly employed by or contracted with the Practice. In such cases, the Practice would determine and control the selection, terms of employment, compensation, supervision, direction, training, and assignment of duties for those specific personnel. This exception highlights the flexibility in the arrangement, where the control over Non-Physician Medical Personnel can shift to the Practice under a written agreement. Prospective franchisees should clarify the typical and potential division of responsibilities between the Manager and the Practice to fully understand their role in managing medical personnel.