Under the C3 Wellness Spa agreement, what are the roles of the two parties signing the agreement?
C3_Wellness_Spa Franchise · 2024 FDDAnswer from 2024 FDD Document
WHEREAS, Assignee is the franchisor of the C3 Wellness franchise system (the "C3 Wellness Franchise System");
WHEREAS, Assignor, as franchisee, and Assignee, as franchisor, are parties to an C3 Wellness Franchise Agreement (the "Franchise Agreement");
WHEREAS, the term "Digital Media" shall refer to and mean any interactive or static electronic document, application or media that is connected to and/or in a network of computers, servers and/or other devices linked by communications software, part of the world wide web (including, but not limited to websites), linked by the internet or part of a web based application, software application, smart phone based application or social media platform including, but not limited to social media platforms and applications such as Facebook, LinkedIn, Twitter, Pinterest, Instagram, SnapChat, and YouTube, and world wide web and internet based directories and local directories that refers, references, identifies, reviews, promotes and/or relates, in any way, to an C3 Wellness, Spa Location Franchises, Assignor's C3 Wellness and/or trademarks associated with the C3 Wellness Franchise System and/or Assignee. Digital Media further includes the C3 Wellness website, web pages and website subdomains (including those related to, associated with and/or a part of the C3 Wellness Franchise System) associated with and/or related to Assignor's C3 Wellness and all web pages, blog posts, videos, articles, information, sub-domains, and all other media and/or publications relating to the C3 Wellness Franchise System that is displayed and/or transmitted digitally; and
WHEREAS, in connection with Assignor's establishment and operation of an C3 Wellness, Assignor will be utilizing accounts, information, phone numbers and Digital Media subject to strict requirements set forth in the Franchise Agreement.
NOW THEREFORE, Assignor, in exchange for good and valuable consideration provided and paid by Assignee (receipt of which is hereby acknowledged), agrees:
Source: Item 23 — RECEIPTS (FDD pages 59–293)
What This Means (2024 FDD)
According to the 2024 C3 Wellness Spa Franchise Disclosure Document, the two parties to the franchise agreement are the Assignor, who is the franchisee, and the Assignee, who is the franchisor of the C3 Wellness franchise system.
The franchisee's role, as indicated in the document, involves establishing and operating a C3 Wellness Spa, utilizing specific accounts, information, phone numbers, and digital media according to the requirements outlined in the Franchise Agreement. The franchisee also identifies a potential site for their C3 Wellness Spa, but this selection is subject to franchisor approval and doesn't grant any territorial rights.
The franchisor's role includes granting the franchise to operate under the C3 Wellness system and providing the framework, standards, and specifications for the franchise. The franchisor also agrees not to grant another franchise in a specific area for a limited time while the franchisee seeks a location. However, the franchisor retains significant control, including the right to set standards for the spa's condition and appearance, designate approved products and services, and potentially restrict the franchisee from soliciting customers outside a designated territory.