Who is responsible for the supervision, direction, training, and assigning of duties of all 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 the 2024 C3 Wellness Spa Franchise Disclosure Document, the Manager is primarily responsible for the supervision, direction, training, and assigning of duties for Non-Physician Medical Personnel. These personnel are directly employed by the Manager, and their associated costs, including salaries and benefits, are borne by the Manager, not the Practice. The Manager also handles the selection and termination of these employees as deemed necessary. However, the Practice also has a supervisory role.
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 subject to the instructions, directions, and policies of the Practice while performing their duties. This arrangement suggests a co-employment relationship where the Manager handles employment logistics, and the Practice oversees day-to-day tasks and ensures compliance with medical standards.
There is an exception where the Practice and Manager can agree in writing for the Practice to directly employ or contract with Non-Physician Medical Personnel. In this case, the Practice would control the selection, terms of employment, compensation rates, supervision, direction, training, and assignment of duties for these individuals. This exception provides flexibility in structuring the employment relationships based on specific needs and agreements between the Practice and the Manager.