What does the term 'Agreement' refer to in the C3 Wellness Spa Management Services Agreement?
C3_Wellness_Spa Franchise · 2024 FDDAnswer from 2024 FDD Document
"Collateral Assignment of Lease" refers to and means the Collateral Assignment of Lease agreement attached to this Agreement as Exhibit 5.
"Franchise Agreement" refers to and means Franchisor's individual unit C3 Wellness Franchise Agreement as designated and determined by Franchisor from time to time.
"Management Agreement" shall have the meaning defined in the "Recitals" section of this Agreement and is further supplemented, as follows: the term "Management Agreement" shall apply to a Spa Location Franchise that operates as a Spa Management Business and shall further refer to and mean an agreement / agreements that relate to Spa Facility and Management Services performed by Franchisee on behalf of Authorized Care Providers related to the Approved Spa Products and Services offered and provided by a Spa at Franchisee's Spa Location. The Management Agreement must be prepared by Franchisee in accordance with Authorized Care Provider Regulation and must be approved by Franchisor in writing. Franchisor's approval of a Management Agreement does not, in any way, constitute any representation or warranty by Franchisor that the Management Agreement complies with Authorized Care Provider Regulation – Franchisor's approval only indicates that Franchisor does not object to Franchisee's use of the Management Agreement. To the extent that Franchisor supplies Franchisee with form sample Management Agreements, Franchisor only does so as to inform Franchisee as to the types of Management Agreements that Franchisor, typically, will not object to. At all times Franchisee must have an independent lawyer employed directly by Franchisee to review and approve of all Management Agreements used by Franchisee, even if the Management Agreement is a proposed agreement provided to Franchisee by Franchisor. At no time does Franchisor make any representation and/or warranty as to any Management Agreement and to the extent that Franchisor provides Franchisee with a sample Management Agreement same is provided to Franchisee "AS IS" and without any representation or warranty whatsoever including, but not limited to, any representation as to the fitness of the Management Agreement for the fitness of the Spa Location Franchise. To the extent that Franchisor approves of a Management Agreement proposed by Franchisee, Franchisor does so on an "AS IS" basis and without any representation or warranty whatsoever including, but not limited to, any representation as to the fitness of the Management Agreement for the fitness of the Spa Location Franchise. Subject to the foregoing, attached as Exhibit 10 to this Agreement is a sample form Management Agreement indicating the type of form Management Agreement that Franchisor may not object to.
Source: Item 23 — RECEIPTS (FDD pages 59–293)
What This Means (2024 FDD)
According to C3 Wellness Spa's 2024 Franchise Disclosure Document, the term "Agreement" has different meanings depending on the context. The document refers to several agreements, including the C3 Wellness Franchise Agreement, the Collateral Assignment of Lease agreement, and Management Agreements.
Specifically, the "Collateral Assignment of Lease" refers to the agreement attached as Exhibit 5. The "Franchise Agreement" refers to C3 Wellness Spa's individual unit franchise agreement. The "Management Agreement" applies to a Spa Location Franchise that operates as a Spa Management Business and relates to Spa Facility and Management Services performed by the franchisee on behalf of Authorized Care Providers. A sample form Management Agreement is attached as Exhibit 10.
Prospective C3 Wellness Spa franchisees should carefully review all agreements and exhibits to understand their rights and obligations. It is crucial to consult with a legal professional to ensure full comprehension of the terms and conditions outlined in each agreement, especially regarding compliance with Authorized Care Provider Regulations.