What are 'Spa Facility and Management Services' that a C3 Wellness Spa franchisee might provide?
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 and Management Services are governed by and/or subject to Authorized Care Provider Regulation and/or any other federal, state or local rules or regulations that prohibit and/or otherwise restrict Franchisor's determination as to the required Spa Facility and Management Services, the foregoing definition shall be interpreted to provide Franchisor with the fullest discretion and ability to specify and designate the Spa Facility and Management Services without violating the Authorized Care Provider Regulation and applicable laws, rules and regulations. At all times Franchisee is responsible for ensuring that, at all times, Franchisee shall comply with Authorized Care Provider Regulations and all other applicable laws, rules, and regulation related to a Spa.
Source: Item 23 — RECEIPTS (FDD pages 59–293)
What This Means (2024 FDD)
According to the 2024 C3 Wellness Spa Franchise Disclosure Document, 'Spa Facility and Management Services' are defined within the Recitals section of the agreement and further elaborated upon. These services are applicable if a franchisee operates a 'Spa Location Franchise that Owns and Operates a Spa Facility and Management Company'. In this model, the franchisee runs a management business that offers management, marketing, and spa facility-based 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.
Specifically, 'Spa Facility and Management Services' include the development and maintenance of a spa facility at a designated spa location, subleasing or licensing the spa facility to authorized care providers under a management agreement, and providing administrative and management services for the spa, provided these services do not violate any regulations applicable to the Authorized Care Providers or other relevant laws. The services also encompass all products and services authorized by C3 Wellness Spa for a Management Agreement, as well as any additional services and products that C3 Wellness Spa may designate in the Operations Manual or modify over time.
It is important for a prospective C3 Wellness Spa franchisee to understand that the scope and specifics of these services can be influenced by regulations governing authorized care providers, as well as other federal, state, or local rules. The franchise agreement is structured to give C3 Wellness Spa the maximum discretion in defining these services, without violating any applicable regulations. The franchisee is ultimately responsible for ensuring full compliance with all relevant regulations related to operating a spa.