Does Care Plus Medical Ucc control the franchisee's business operations?
Care_Plus_Medical_Ucc Franchise · 2024 FDDAnswer from 2024 FDD Document
Franchisee shall develop, open and operate a Care Plus Medical business at the Location for the entire term of this Agreement.
Care Plus Medical UCC retains the right to:
(c) Procedures. Care Plus Medical UCC will provide Franchisee with Care Plus Medical UCC's recommended administrative, bookkeeping, accounting, and inventory control procedures. Care Plus Medical UCC may make any such procedures part of required (and not merely recommended) System Standards.
(d) Marketing. Care Plus Medical UCC shall manage the Marketing Fund.
11.1 Manual; Modification. The Manual, and any part of the Manual, may be in any form or media determined by Care Plus Medical UCC. Care Plus Medical UCC may supplement, revise, or modify the Manual, and Care Plus Medical UCC may change, add or delete System Standards at any time in its discretion. Care Plus Medical UCC may inform Franchisee thereof by any method that Care Plus Medical UCC deems appropriate (which need not qualify as "notice" under Section 18.9). In the event of any dispute as to the contents of the Manual, Care Plus Medical UCC's master copy will control.
11.2 Inspections. Care Plus Medical UCC may enter the premises of the Business from time to time during normal business hours and conduct an inspection. Franchisee shall cooperate with Care Plus Medical UCC's inspectors. The inspection may include, but is not limited to, observing operations, conducting a physical inventory, evaluating physical conditions, monitoring sales activity, speaking with employees and customers, and removing samples of products, supplies and materials. Care Plus Medical UCC may videotape and/or take photographs of the inspection and the Business. Care Plus Medical UCC may set a minimum score requirement for inspections, and Franchisee's failure to meet or exceed the minimum score will be a default under this Agreement.
11.10 Temporary Public Safety Closure. If Care Plus Medical UCC discovers or becomes aware of any aspect of the Business which, in Care Plus Medical UCC's opinion, constitutes an imminent danger to the health or safety of any person, then immediately upon Care Plus Medical UCC's order, Franchisee must temporarily cease operations of the Business and remedy the
12.1 Authorized Marks. Franchisee shall use no trademarks, service marks or logos in connection with the Business other than the Marks. Franchisee shall use all Marks specified by Care Plus Medical UCC, and only in the manner as Care Plus Medical UCC may require. Franchisee has no rights in the Marks other than the right to use them in the operation of the Business in compliance with this Agreement.
7.17 Public Relations. Franchisee shall not make any public statements (including giving interviews or issuing press releases) regarding Care Plus Medical, the Business, or any particular incident or occurrence related to the Business, without Care Plus Medical UCC's prior written approval, which will not be unreasonably withheld.
7.19 No Other Activity Associated with the Business. Franchisee shall not engage in any business or other activity at the Location other than operation of the Care Plus Medical Business.
7.21 Identification. Franchisee must identify itself as the independent owner of the Business in the manner prescribed by Care Plus Medical UCC.
Source: Item 22 — CONTRACTS (FDD page 41)
What This Means (2024 FDD)
According to Care Plus Medical Ucc's 2024 Franchise Disclosure Document, Care Plus Medical Ucc exerts considerable control over the franchisee's business operations. Franchisees must operate their Care Plus Medical business at an approved location for the entire term of the agreement. Care Plus Medical Ucc retains significant rights, including the ability to modify the system standards at any time and inspect the franchisee's premises. Franchisees must adhere to Care Plus Medical UCC's standards and procedures, and Care Plus Medical Ucc can implement changes to the Manual and System Standards at its discretion. Franchisees must also use the trademarks and service marks specified by Care Plus Medical Ucc.
Care Plus Medical Ucc provides recommended prices for products and services and recommended administrative, bookkeeping, accounting, and inventory control procedures, which Care Plus Medical Ucc may make mandatory. Franchisees are required to get Care Plus Medical Ucc's approval before making public statements or associating with causes in the name of the business. Franchisees also cannot engage in any other business activity at the approved location other than the Care Plus Medical Ucc business.
Care Plus Medical Ucc also has the right to access the franchisee's premises during business hours to conduct inspections, which may include observing operations, taking inventory, evaluating conditions, monitoring sales, and speaking with employees and customers. Care Plus Medical Ucc can also videotape or take photographs of the business during these inspections. If a franchisee's business presents an imminent danger to health or safety, Care Plus Medical Ucc can order the franchisee to temporarily cease operations until the issue is resolved. Franchisees must also identify themselves as independent owners of the business in a manner prescribed by Care Plus Medical Ucc, further reinforcing the franchisor's control over brand representation and operational standards.