How is the 'Location' of a Care Plus Medical Ucc franchise defined?
Care_Plus_Medical_Ucc Franchise · 2024 FDDAnswer from 2024 FDD Document
6.1 Determining Location and Territory.
- (i) Franchisee shall find a potential Location within the Development Area described on the Summary Page. Franchisee shall submit its proposed Location to Care Plus Medical UCC for acceptance, with all related information Care Plus Medical UCC may request. If Care Plus Medical UCC does not accept the proposed Location in writing within 30 days, then it is deemed rejected.
- (ii) When Care Plus Medical UCC accepts the Location, it will issue a Location Acceptance Letter in the form of Attachment 2 which states the Location and Territory. Care Plus Medical UCC shall determine the Territory in its good faith discretion, substantially in accordance with Item 12 of the Franchise Disclosure Document. If Care Plus Medical UCC fails to state the Territory in writing within 60 days after Franchisee opens the Business to the public, the Territory will be deemed to be the zip code where the location is operated from and the zip codes which immediately surround the location of the franchised business and together add up to 100,000 population.
- (iii) Care Plus Medical UCC's advice regarding or acceptance of a site is not a representation or warranty that the Business will be successful, and Care Plus Medical UCC has no liability to Franchisee with respect to the location of the Business.
6.2 Lease. In connection with any lease between Franchisee and the landlord of the Location: (i) if requested by Care Plus Medical UCC, Franchisee must submit the proposed lease to Care Plus Medical UCC for written approval, (ii) the term of the lease (including renewal terms) must be for a period of not less than the term of this Agreement, and (iii) Franchisee shall use commercially reasonable efforts to obtain the landlord's signature to a rider to the lease in the form required by Care Plus Medical UCC.
6.3 Development. Franchisee shall construct (or remodel) and finish the Location in conformity with Care Plus Medical UCC's System Standards.
If required by Care Plus Medical UCC, Franchisee shall engage the services of an architect licensed in the jurisdiction of the Location.
Source: Item 22 — CONTRACTS (FDD page 41)
What This Means (2024 FDD)
According to Care Plus Medical Ucc's 2024 Franchise Disclosure Document, the franchisee is responsible for finding a potential location within their designated development area. This proposed location must then be submitted to Care Plus Medical Ucc for approval, along with any related information the company requests. Care Plus Medical Ucc has 30 days to either accept or reject the proposed location in writing. Failure to respond within 30 days results in the location being deemed rejected.
Upon acceptance of the location, Care Plus Medical Ucc will issue a Location Acceptance Letter, which specifies both the location and the territory granted to the franchisee. The territory is determined by Care Plus Medical Ucc in its discretion, following the guidelines outlined in Item 12 of the Franchise Disclosure Document. If Care Plus Medical Ucc does not define the territory in writing within 60 days after the business opens, the territory will default to the zip code of the franchise location and the surrounding zip codes, encompassing a total population of 100,000.
The FDD emphasizes that Care Plus Medical Ucc's approval or advice regarding a location does not guarantee the success of the business, and the company assumes no liability regarding the location's suitability. The franchisee is responsible for constructing or remodeling the location to meet Care Plus Medical Ucc's System Standards, potentially requiring the engagement of a licensed architect if mandated by Care Plus Medical Ucc. The franchisee is also obligated to comply with their lease agreement, ensuring the lease term is at least as long as the franchise agreement, and to obtain a landlord's rider to the lease in a form required by Care Plus Medical Ucc.