What is the purpose for which C3 Wellness Spa's Manager can access the Practice facilities?
C3_Wellness_Spa Franchise · 2024 FDDAnswer from 2024 FDD Document
Party. Nothing will require, directly or indirectly, that either Party refer or direct any patients to the other Party. If any legislation, regulation or government policy is passed or adopted, the effect of which would cause either Party to be in violation of such laws due to the existence of any provision of this Schedule B(e), then the Parties agree to negotiate in good faith for a period of 30 days to modify the terms of this Schedule B(e) to comply with applicable law. Should the Parties fail to agree upon modified terms during such 30-day period, either Party may terminate upon notice.
- 1.04. Survival. Upon expiration or termination of this Agreement for any reason, the terms of Section 1.02(d) will survive until all amounts due by Practice are paid in full and/or until Practice's obligations under such provisions are fulfilled; and Section 1.02(b) and (e) will survive for five years.
Schedule B(m) License Agreement
- 1.01. Nonexclusive License. Subject to the terms and conditions of this Agreement, Manager grants to Practice a limited, nonexclusive, nontransferable license to use Manager's Trademark "C3 Wellness" in connection with and in furtherance of the operation of Practice's operations including the use of "C3 Wellness" and in Practice's assumed name at Practice's physical address located at _____________________________________.
Source: Item 23 — RECEIPTS (FDD pages 59–293)
What This Means (2024 FDD)
According to the 2024 C3 Wellness Spa Franchise Disclosure Document, Schedule B(m) License Agreement states that the Manager grants to Practice a limited, nonexclusive, nontransferable license to use the Manager's Trademark "C3 Wellness" in connection with and in furtherance of the operation of Practice's operations including the use of "C3 Wellness" and in Practice's assumed name at Practice's physical address.
In return for the Manager granting these rights, the Practice agrees not to market, advertise, or operate its business under any name or Trademark other than the Manager's Trademark during the Term, unless required by law. This ensures consistent branding and prevents confusion among customers.
The agreement also clarifies that all rights to the Trademark and associated goodwill remain the exclusive property of the Manager and/or its licensor. The Practice's use of the Trademark does not create any ownership rights for the Practice, and all goodwill generated through the Practice's use of the Trademark benefits the Manager. This protects the Manager's brand and reputation.
The Practice is prohibited from taking any action that would harm the validity of the Trademark or the Manager's ownership. This includes actions such as registering a confusingly similar mark or challenging the Manager's ownership. This provision further safeguards the Manager's intellectual property rights.