What is the scope of the comprehensive management services that C3 Wellness Spa's Manager provides to the Practice?
C3_Wellness_Spa Franchise · 2024 FDDAnswer from 2024 FDD Document
"Spa Facility and Management Services" shall have the meaning defined in the "Recitals" section of this Agreement and is further supplemented, as follows: the term "Spa Facility and Management Services", shall refer to and mean those services authorized by Franchisor as set forth in the Operations Manual and to be further described in the Management Agreement that Franchisee will enter into, including and relating to (a) the development and maintenance of a Spa Facility at a Spa Location
designated and established in accordance with the terms of this Agreement; (b) services involving the subleasing and/or license of a Spa Facility to Authorized Care Providers subject to a Management Agreement; (c) administration and management services related to the administration and management of a Spa in connection with all Spa where such administrative and management services do not violate Authorized Care Provider Regulation or other applicable laws, rules or regulations; (d) all services and/or products that Franchisor authorizes for a Management Agreement; and (e) all other services and products that Franchisor, in Franchisor's Reasonable Business Judgment, designates and authorizes in the Operations Manual and as Franchisor, in Franchisor's Reasonable Business Judgment, may supplement and modify from time to time. Notwithstanding anything contained herein to the contrary, to the extent that the Spa Facility an
Source: Item 23 — RECEIPTS (FDD pages 59–293)
What This Means (2024 FDD)
According to C3 Wellness Spa's 2024 Franchise Disclosure Document, the scope of management services, termed "Spa Facility and Management Services," includes several key areas. These services encompass the development and upkeep of the Spa Facility at a designated Spa Location, as established by the franchise agreement. Additionally, they involve subleasing or licensing the Spa Facility to Authorized Care Providers, which is governed by a Management Agreement.
The management services also extend to the general administration of the Spa, provided that these administrative tasks do not contravene any regulations applicable to the Authorized Care Providers or any other relevant laws. C3 Wellness Spa specifies that all services and products authorized under the Management Agreement fall within this scope. Furthermore, the franchisor retains the right to designate and authorize additional services and products for the Management Agreement, as deemed appropriate in their reasonable business judgment, and may modify these offerings over time, as detailed in the Operations Manual.
In practical terms, this means a C3 Wellness Spa franchisee operating a Spa Facility and Management Company will be responsible for not only setting up and maintaining the physical spa location but also for managing the relationships with the medical professionals or licensed practitioners who provide the actual spa services. The franchisee's role includes administrative tasks, but it is crucial that these do not infringe upon the professional responsibilities and legal obligations of the healthcare providers. The franchisor maintains control over the services and products that can be offered, ensuring consistency across the C3 Wellness Spa brand while also retaining the flexibility to adapt the offerings as needed.