Under what condition must the transferee improve the C3 Wellness Spa facility to current standards?
C3_Wellness_Spa Franchise · 2024 FDDAnswer from 2024 FDD Document
- (8) Unless Franchisee has met the requirements of Article 7.B. within the five year period immediately preceding the Transfer, the transferee, at its expense, must improve, modify, refurbish, renovate, remodel, and/or otherwise upgrade Franchisee's Spa Facility to conform to the then current standards and specifications of Franchisor, and the transferee must complete such improvements, modifications, refurbishments, renovations, remodeling, and/or upgrading within the time period Franchisor reasonably specifies;
Source: Item 23 — RECEIPTS (FDD pages 59–293)
What This Means (2024 FDD)
According to C3 Wellness Spa's 2024 Franchise Disclosure Document, if a franchisee seeks to transfer their franchise, the transferee might need to upgrade the spa facility to meet the current brand standards. Specifically, if the franchisee has not already met the requirements of Article 7.B, which likely pertains to general updating and upgrading obligations within the five years immediately preceding the transfer, the transferee will be responsible for bringing the facility up to date.
This obligation includes improving, modifying, refurbishing, renovating, remodeling, or otherwise upgrading the spa facility to conform to C3 Wellness Spa's standards and specifications at the time of the transfer. The transferee bears the expense of these upgrades and must complete them within a timeframe that C3 Wellness Spa reasonably specifies.
For a prospective franchisee, this means that if they plan to sell their C3 Wellness Spa franchise in the future, keeping the facility updated according to Article 7.B within the five years before the potential transfer can prevent the transferee from incurring significant upgrade costs. This could make the franchise more attractive to potential buyers and facilitate a smoother transfer process. It is important to note that the franchisor has the right to reasonably specify the time period for completing these upgrades.