For C3 Wellness Spa, who selects and terminates the employment of Non-Medical Personnel?
C3_Wellness_Spa Franchise · 2024 FDDAnswer from 2024 FDD Document
h Manager attempts to collect such charges, the methods of collection and the amount of settlements with respect to disputed charges, and the determination of which charges are not collectible, will be determined by Manager. However, the fee schedule to determine the cost of such services will be determined solely by Practice.
(c) Personnel.
(1) Manager Personnel are staff employed and paid by Manager to perform management services on behalf of Manager for the benefit of Practice. Manager Personnel are controlled by Manager and generally are not a Practice Expense. However, if Manager Personnel perform services that are listed as Practice Expenses under Appendix A, or services requested by Practice that Manager and Practice have agreed will be treated as a Practice Expense, the applicable portion of Manager Personnel's time may be reimbursed by Practice as a Practice Expense.
(2) Leased Personnel.
- (i) Except as otherwise provided in subsection (C), all Non-Medical Personnel (which does not include Practice Professionals) will be directly employed by Manager with Non-Medical Personnel being leased to the Practice as follows:
- (A) Non-Medical Personnel will be employees or independent contractors of Manager, and the cost of Manager, including but not limited to their salaries, benefits and associated payroll costs, will be borne by Manager. Manager will select for employment and terminate the employment of all Non-Medical Personnel as Manager deems necessary or advisable, and will be responsible for the supervision, direction, training and assigning of duties of all Non-Medical Personnel, as well as determining the rates of compensation for such personnel.
- (B) Non-Medical Personnel will perform their day to day duties at Practice and will be under the supervision and direction of Practice for those day to day duties. Non-Medical Personnel will be subject to the reasonable instructions, directions and policies of Practice in the performance of their duties.
Source: Item 23 — RECEIPTS (FDD pages 59–293)
What This Means (2024 FDD)
According to C3 Wellness Spa's 2024 Franchise Disclosure Document, the Manager typically handles the selection and termination of Non-Medical Personnel. Specifically, the Manager may select for employment and terminate the employment of all Non-Medical Personnel as the Manager deems necessary or advisable. The Manager is also responsible for supervising, directing, training, and assigning duties to these personnel, as well as determining their rates of compensation.
However, there's an exception where the Practice (likely referring to the franchisee's spa location) and the Manager can agree in writing for the Practice to directly employ or contract with certain Non-Medical Personnel. In such cases, the Practice would control the selection, terms of employment, compensation, supervision, direction, training, and assignment of duties for those specific individuals.
This arrangement indicates a degree of flexibility in staffing. The standard model involves the Manager handling employment matters, which could streamline administrative tasks for the franchisee. However, the option for the franchisee to directly employ staff under certain conditions allows for more direct control over specific personnel, potentially aligning their roles more closely with the Practice's needs. Prospective franchisees should clarify with C3 Wellness Spa the typical roles and responsibilities of the Manager versus the Practice in personnel matters to understand the practical implications for their spa's operations.