Under what conditions can C3 Wellness Spa withhold approval of an alternate supplier?
C3_Wellness_Spa Franchise · 2024 FDDAnswer from 2024 FDD Document
If you want to purchase or lease a source restricted item from a supplier that has not been previously approved or designated by us in writing, you must send us a written request for approval and submit additional information that we may request. We may charge you a fee equal to the costs and expenses that we incur in reviewing and/or evaluating an alternate supplier, product, and/or service requested by you. We may request that you send us samples from the supplier for testing and documentation from the supplier for evaluation. We may also require, subject to our discretion, that we be allowed to inspect the supplier's facilities. We will notify you of our approval or disapproval within a reasonable time, not to exceed 60 days after we receive your written request for approval and all additional information and samples that we may request. We may, in our discretion, withhold our approval. We do not make our procedures or criteria for approving suppliers available to our System franchisees, except that when evaluating the approval of a particular supplier, among other things, we consider: whether the supplier can demonstrate to our reasonable satisfaction the ability to meet our standards, specifications and production requirements, the suppliers quality control, whether or not we are the exclusive supplier of the particular item, whether or not our affiliate or affiliates are the exclusive supplier of the particular item, and whether or not the suppliers approval, in our sole determination, will allow us to advance the overall interests of the System. If we have previously approved a supplier, and their standards fall below our designated standards, we will revoke our approval. We will notify you in writing of us revoking our approval.
Source: Item 8 — RESTRICTIONS ON SOURCES OF PRODUCTS AND SERVICES (FDD pages 25–29)
What This Means (2024 FDD)
According to C3 Wellness Spa's 2024 Franchise Disclosure Document, C3 Wellness Spa has the discretion to withhold approval of an alternate supplier. If a franchisee wants to purchase or lease a source restricted item from a supplier not already approved, they must submit a written request and any additional information requested by C3 Wellness Spa. C3 Wellness Spa may charge a fee to review the alternate supplier and may request samples for testing and documentation for evaluation, and may also require an inspection of the supplier's facilities.
C3 Wellness Spa will notify the franchisee of their decision within a reasonable time, not exceeding 60 days after receiving the written request, information, and samples. However, C3 Wellness Spa does not disclose the specific procedures or criteria for approving suppliers to its franchisees. When evaluating a supplier, C3 Wellness Spa considers whether the supplier can meet their standards, specifications, and production requirements, the supplier's quality control, whether C3 Wellness Spa or its affiliates are the exclusive supplier of the item, and whether approving the supplier will advance the overall interests of the C3 Wellness Spa system.
If C3 Wellness Spa has previously approved a supplier but their standards subsequently fall below C3 Wellness Spa's designated standards, C3 Wellness Spa will revoke the approval and notify the franchisee in writing. This broad discretion gives C3 Wellness Spa significant control over the supply chain and ensures that franchisees adhere to the brand's standards and specifications. The Corporate Practice of Medicine Doctrine also restricts layperson-franchisees from dictating the medical equipment and supplies to be used in the operation of the Franchised Business.