What are 'Spa Facility and Management Services' provided by a C3 Wellness Spa franchise?
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 supplemented in Item 23. These services are provided by a franchisee who operates a Spa Location Franchise that owns and operates a management business. This business, known as a Spa Management Business, offers management, marketing, and spa facility-based services to medical practices, professional corporations, 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.
The specific services include the development and maintenance of a Spa Facility at a Spa Location, which is designated and established according to the franchise agreement. Additionally, these services involve subleasing or licensing a Spa Facility to Authorized Care Providers under a Management Agreement. Franchisees also provide administrative and management services related to the operation of a Spa, ensuring these services comply with Authorized Care Provider Regulations and other applicable laws.
C3 Wellness Spa franchisees are authorized to offer services and products approved by the franchisor under a Management Agreement. The franchisor retains the discretion to designate and authorize additional services and products in the Operations Manual, with the ability to modify these offerings over time based on reasonable business judgment. However, the franchisor's discretion is limited by Authorized Care Provider Regulations and other applicable laws, ensuring that the specified Spa Facility and Management Services comply with all legal requirements. Franchisees are ultimately responsible for ensuring ongoing compliance with these regulations and laws related to operating a spa.