How will C3 Wellness Spa's Practice and each Practice Professional cooperate with the Manager and its employees?
C3_Wellness_Spa Franchise · 2024 FDDAnswer from 2024 FDD Document
Practice agrees that, notwithstanding the failure of Manager to timely object to a proposed use, Practice will cooperate in good faith with Manager to correct and/or remedy inappropriate uses of the Trademark.
(2) In connection with Practice's use of Manager's Trademark, Practice agrees to make proper use of the “®” symbol or other proper notice to indicate a federally registered mark, and the “™” symbol to indicate an unregistered mark. Upon receiving notice from Manager that the use of a registration notice or “™” symbol is incorrect or otherwise unacceptable, Practice will promptly modify such uses to obviate Manager's objections.
(i) Except as otherwise provided in subsection (C), all Non-Medical Personnel (which does not include Practice Professionals) will be directly employed by Manager with Non-Medical Personnel being leased to the Practice as follows:
- (A) Non-Medical Personnel will be employees or independent contractors of Manager, and the cost of Manager, including but not limited to their salaries, benefits and associated payroll costs, will be borne by Manager. Manager will select for employment and terminate the employment of all Non-Medical Personnel as Manager deems necessary or advisable, and will be responsible for the supervision, direction, training and assigning of duties of all Non-Medical Personnel, as well as determining the rates of compensation for such personnel.
- (B) Non-Medical Personnel will perform their day to day duties at Practice and will be under the supervision and direction of Practice for those day to day duties. Non-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-Medical Personnel performing day to day duties for,
on behalf of, or for the benefit of Practice will be reimbursable by Practice as a Practice Expense at the rates agreed upon by Practice and Manager. Non-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-Medical Personnel providing any services for, on behalf of, or for the benefit of Practice to be directly employed by or contracted with Practice.
Such Non-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.
(A) Non-Physician Medical Personnel will be employees of Manager, and the cost of Manager, including but not limited to their salaries, benefits and associated payroll costs, will be borne by Manager and not passed on to Practice.
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.
(3) Manager may provide assistance to Practice in recruiting and evaluating prospective physicians and Leased Personnel as employees or independent contractors of Practice.
Practice will make all decisions relating to hiring, training, managing, and termination of medical personnel.
Source: Item 23 — RECEIPTS (FDD pages 59–293)
What This Means (2024 FDD)
According to the 2024 C3 Wellness Spa FDD, the Practice will work in good faith with the Manager to permit proposed uses of the trademark and correct inappropriate uses. The Practice agrees to use the appropriate symbols to indicate registered or unregistered trademarks. If the Manager identifies an incorrect use of these symbols, the Practice will promptly correct it.
Non-medical and non-physician medical personnel will be employed by the Manager and leased to the Practice, with the Manager covering costs like salaries and benefits. The Manager is responsible for employment decisions, supervision, training, and assigning duties to these personnel. However, these personnel will perform their day-to-day duties at the Practice under the Practice's supervision and are subject to the Practice's instructions and policies. The Practice will reimburse the Manager for the time spent by these personnel on Practice-related duties.
C3 Wellness Spa clarifies that the Practice and Manager can agree in writing for certain non-medical and non-physician medical personnel to be directly employed or contracted by the Practice. In such cases, the Practice controls the selection, terms of employment, compensation, supervision, and training of these personnel. The Manager may also assist the Practice in recruiting and evaluating prospective physicians and leased personnel, but the Practice retains the final decision-making authority regarding hiring, training, managing, and termination of medical personnel. The Manager is responsible for ensuring compliance with all applicable employment laws and regulations related to leased personnel.