Who provides supervision of the Non-Physician Medical Personnel at a C3 Wellness Spa?
C3_Wellness_Spa Franchise · 2024 FDDAnswer from 2024 FDD Document
- (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.
- (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, both the Manager and the Practice share supervisory responsibilities over Non-Physician Medical Personnel. The Manager is responsible for the selection, employment, and termination of these personnel, along with their training, direction, and assignment of duties. The Manager also determines their rates of compensation. The cost of the Manager, including salaries, benefits, and associated payroll costs, are borne by the Manager and not passed on to the Practice.
The Practice provides on-site supervision and delegates duties in accordance with state and federal laws, regulations, certifications, and generally accepted community standards. Non-Physician Medical Personnel are also subject to the reasonable instructions, directions, and policies of the Practice in performing their duties. The Practice reimburses the Manager for the time spent by these personnel while performing duties for or on behalf of the Practice, at rates agreed upon by both parties.
In some cases, the Practice and Manager may agree in writing for certain Non-Physician Medical Personnel to be directly employed by or contracted with the Practice. In such instances, the Practice determines and controls the selection, terms of employment or engagement, including compensation rates, supervision, direction, training, and assignment of duties. This co-employment arrangement ensures that the Non-Physician Medical Personnel are adequately supervised and directed in their roles, adhering to all relevant legal and professional standards.