For C3 Wellness Spa, is the Manager responsible for determining the rates of compensation for 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 determining the rates of compensation for Non-Physician Medical Personnel. Specifically, the Manager may select and terminate the employment of all Non-Physician Medical Personnel as deemed necessary. The Manager may also be responsible for the supervision, direction, training, and assigning of duties of all Non-Physician Medical Personnel. The cost of the Manager, including salaries, benefits, and associated payroll costs, will be borne by the Manager and not passed on to the Practice.
However, the Practice also has some control over Non-Physician Medical Personnel. The Practice will provide supervision of the Non-Physician Medical Personnel, including 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 rates agreed upon by Practice and Manager.
Notably, the Practice and Manager can agree in writing for certain Non-Physician Medical Personnel providing services to be directly employed by or contracted with the Practice. In such cases, 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 the Practice. This indicates a flexible arrangement where responsibilities can be allocated based on mutual agreement. Ultimately, Practice retains ultimate responsibility for the hiring, firing, training and compensation of medical personnel and Non-Physician Medical Personnel.