What is the relationship between the 'Authorized Care Providers' and the 'Spa' for a C3 Wellness Spa?
C3_Wellness_Spa Franchise · 2024 FDDAnswer from 2024 FDD Document
ed to, to health privacy laws that include the Health Insurance Portability and Accountability Act of 1996.
"Authorized Care Providers" shall have the meaning defined in the "Recitals" section of this Agreement and is supplemented, as follows: the term "Authorized Care Providers" shall further refer to and mean those licensed individuals, professional corporations and other individuals and entities that, under applicable federal, state and local rules and regulations are trained, authorized and permitted to perform, offer, provide, oversee, and manage the delivery and performance of those Approved Spa Products and Services that such individual and/or Corporate Entity performs, offers, provides, oversees, and/or manages at a Spa Location and/or on behalf of a Spa Location Franchise.
"Brand Development Fund" shall have the meaning defined and set forth in Article 9.A. of this Agreement.
"Brand Development Fund Fee" shall have the meaning defined and set forth in Article 9.A. of this Agreement.
"Business Management System" refers to and means the software, internet, web based and/or cloud based system or systems, point of sale system or systems and customer relationship management system or systems as same may be individually or collectively designated by Franchisor, in Franchisor's Reasonable Business Judgment, as being required for use by the Franchised Business. Franchisor reserves the right to modify and designate alternative Business Management Systems as Franchisor determines in Franchisor's Reasonable Business Judgment. At all times Franchisor shall possess direct live access and storage based access to the Business Management System for the Franchised Business and to Franchisee's Business Management System Data.
"Business Management System Data" refers to and means the forms, data, tools, customer information, inventory and sales information that: (a) is pre-populated or entered into the Business Management System utilized by Franchisee; (b) is entered by Franchisor or Franchisee into the Business Management System; and/or (c) is recorded, stored and/or maintained by the Business Management System in connection with the Franchised Business.
"C3 Wellness Spa(s)" shall have the meaning defined in the Recitals section of this Agreement and, without limitation to the Recitals section, the definition of "C3 Wellness Spas", shall further include, refer to and mean: every business and all businesses owned and/or operated by Franchisor, Franchisor's affiliates and/or authorized franchisees that use and/or is/are required to use the System and/or Licensed Marks, and, including, but not limited to, the Franchised Business.
"Captive Market" refers to and means any and all facilities, venues, and/or institutions with captive audiences or consumers, workers, members and/or participants. Without limitation to the foregoing, the term Captive Market shall further refer to and include, among other things: hotels, resorts, airports, universities, government facilities, and shopping malls.
"Collateral Assignment of Lease" refers to and means the Collateral Assignment of Lease agreement attached to this Agreement as Exhibit 5.
Source: Item 23 — RECEIPTS (FDD pages 59–293)
What This Means (2024 FDD)
According to the 2024 C3 Wellness Spa Franchise Disclosure Document, the relationship between 'Authorized Care Providers' and the 'Spa' is defined by the services offered. C3 Wellness Spa offers two franchise models: one where the franchisee owns and operates the spa, and another where the franchisee owns and operates a management business that provides services to medical practices and licensed professionals, referred to as 'Authorized Care Providers'. These providers are authorized to offer and provide approved spa products and services at a spa operated by them or their professional corporation.
Authorized Care Providers are defined as licensed individuals, professional corporations, or other entities that are trained, authorized, and permitted by federal, state, and local regulations to perform, offer, provide, oversee, and manage the delivery and performance of approved spa products and services at a C3 Wellness Spa location or on behalf of a C3 Wellness Spa franchise. The FDD emphasizes that if the spa products and services require the judgment, treatment, or action of an authorized care provider, such determination is exclusively made by the authorized care provider.
The franchisee is responsible for complying with all Authorized Care Provider Regulations and other applicable laws related to the spa. C3 Wellness Spa acknowledges that the franchisee has been advised to independently evaluate and interpret applicable Authorized Care Provider Regulations with their own legal counsel before signing the agreement. The franchise agreement is structured to ensure that C3 Wellness Spa does not exert control over the delivery of healthcare services, maintaining the authorized care provider's autonomy in treatment decisions. The Business Management System should also comply with the Authorized Care Provider Regulation, especially regarding confidential data.