What does the Care Plus Medical Ucc system involve?
Care_Plus_Medical_Ucc Franchise · 2024 FDDAnswer from 2024 FDD Document
- A. Care Plus Medical UCC and its affiliate Care Plus Medical Group, have created and own a system (the "System") for developing and operating a state-of-the-art facility offering walk-in urgent medical care services as well as telemedicine, under the trade name "Care Plus Medical".
- B. The System includes (1) methods, procedures, and standards for developing and operating a Care Plus Medical business, (2) plans, specifications, equipment, signage and trade dress for Care Plus Medical businesses, (3) particular products and services, (4) the Marks, (5) training programs, (6) business knowledge, (7) marketing plans and concepts, and (8) other mandatory or optional elements as determined by Care Plus Medical UCC from time to time.
- C. The parties desire that Care Plus Medical UCC license the Marks and the System to Franchisee for Franchisee to develop and operate a Care Plus Medical business on the terms and conditions of this Agreement.
ARTICLE 5. ASSISTANCE
- 5.1 Manual. Care Plus Medical UCC shall make its Manual available to Franchisee.
- 5.2 Assistance in Hiring Employees. Care Plus Medical UCC shall provide its suggested staffing levels to Franchisee. Care Plus Medical UCC shall provide suggested guidelines for hiring employees. All hiring decisions and conditions of employment are Franchisee's sole responsibility.
- 5.3 Assistance in Training Employees. Care Plus Medical UCC shall, to the extent it deems appropriate, provide programs for Franchisee to conduct training of new employees.
5.4 Pre-Opening Assistance.
- (a) Selecting Location. Care Plus Medical UCC shall provide its criteria for Care Plus Medical locations to Franchisee. Care Plus Medical UCC will review and advise Franchisee regarding potential locations submitted by Franchisee.
- (b) Pre-Opening Plans, Specifications, and Vendors. Within a reasonable period of time after the Effective Date, Care Plus Medical UCC shall provide Franchisee with (i) Care Plus Medical UCC's sample set of standard building plans and specifications and/or standard recommended floor plans; (ii) the applicable System Standards, (iii) other specifications as Care Plus Medical UCC deems appropriate (which may include specifications regarding inventory, supplies, materials, and other matters), and (iv) Care Plus Medical UCC's lists of Approved Vendors and/or Required Vendors.
- (c) Pre-Opening Training. Care Plus Medical UCC shall make available its standard pre-opening training to the Principal Executive and up to three other team members, at Care Plus Medical UCC's headquarters and/or at a Care Plus Medical business designated by Care Plus Medical UCC. Care Plus Medical UCC shall not charge any fee for this training. Franchisee is responsible for its own travel, lodging, meal, and other out-of-pocket expenses. Care Plus Medical UCC reserves the right to vary the length and content of the initial training program based on the experience and skill level of any individual attending the program.
- (d) Market Introduction Plan. Care Plus Medical UCC shall advise Franchisee regarding the planning and execution of Franchisee's market introduction plan.
(e) On-Site Opening Assistance. Care Plus Medical UCC shall have a representative support Franchisee's business opening with one week of onsite opening training and assistance.
5.5 Post-Opening Assistance.
- (a) Advice, Consulting, and Support. If Franchisee requests, Care Plus Medical UCC will provide advice to Franchisee (by telephone or electronic communication) regarding improving and developing Franchisee's business, and resolving operating problems Franchisee encounters, to the extent Care Plus Medical UCC deems reasonable. If Care Plus Medical UCC provides inperson support in response to Franchisee's request, Care Plus Medical UCC may charge its thencurrent fee plus any out-of-pocket expenses (such as travel, lodging, and meals for employees providing onsite support).
- (b) Pricing. Upon request, Care Plus Medical UCC will provide recommended prices for products and services offered by franchisees of the System.
- (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.
- (e) Internet. Care Plus Medical UCC shall maintain a website for Care Plus Medical, which will include Franchisee's location (or territory) and telephone number.
8.1 Generally. Franchisee shall acquire all Inputs required by Care Plus Medical UCC from time to time in accordance with System Standards. Care Plus Medical UCC may require Franchisee to purchase or lease any Inputs from Care Plus Medical UCC, Care Plus Medical UCC's designee, Required Vendors, Approved Vendors, and/or under Care Plus Medical UCC's specifications. Care Plus Medical UCC may change any such requirement or change the status of any vendor. To make such requirement or change effective, Care Plus Medical UCC shall issue the appropriate System Standards.
- 8.4 Purchasing. Care Plus Medical UCC may negotiate prices and terms with vendors on behalf of the System.
Care Plus Medical UCC may receive rebates, payments or other consideration from vendors in connection with purchases by franchisees.
- 7.7 Software. Without limiting the generality of Section 7.1 or Section 8.1, Franchisee shall acquire and use all software and related systems required by Care Plus Medical UCC.
Franchisee shall enter into any subscription and support agreements that Care Plus Medical UCC may require.
Franchisee shall upgrade, update, or replace any software from time to time as Care Plus Medical UCC may require.
Franchisee shall protect the confidentiality and security of all software systems, and Franchisee shall abide by any System Standards related thereto.
Franchisee shall give Care Plus Medical UCC unlimited access to Franchisee's point of sale system and other software systems used in the Business, by any means designated by Care Plus Medical UCC.
- 7.8 Customer Complaints. Franchisee shall use its best efforts to promptly resolve any customer complaints.
Care Plus Medical UCC may take any action it deems appropriate to resolve a customer complaint regarding the Business, and Care Plus Medical UCC may require Franchisee to reimburse Care Plus Medical UCC for any expenses.
- 7.9 Evaluation and Compliance Programs. Franchisee shall participate at its own expense in programs required from time to time by Care Plus Medical UCC for obtaining customer evaluations, reviewing Franchisee's compliance with the System, and/or managing customer complaints, which may include (but are not limited to) a customer feedback system, customer survey programs, and mystery shopping.
Care Plus Medical UCC shall share with Franchisee the results of these programs, as they pertain to the Business.
Franchisee must meet or exceed any minimum score requirements set by Care Plus Medical UCC for such programs.
- 11.6 Innovations. Franchisee shall disclose to Care Plus Medical UCC all ideas, plans, improvements, concepts, methods and techniques relating to the Business (collectively, "Innovations") conceived or developed by Franchisee, its employees, agents or contractors.
Care Plus Medical UCC will automatically own all Innovations, and it will have the right to use and incorporate any Innovations into the System, without any compensation to Franchisee.
Source: Item 22 — CONTRACTS (FDD page 41)
What This Means (2024 FDD)
According to Care Plus Medical Ucc's 2024 Franchise Disclosure Document, the "System" encompasses various elements for operating a state-of-the-art facility that offers walk-in urgent medical care and telemedicine services under the "Care Plus Medical" trade name. This includes methods, procedures, and standards for business operation, plans and specifications for the business's physical aspects like equipment and signage, specific products and services to be offered, the trademarks and service marks (the Marks), training programs for staff, business knowledge, and marketing plans. Care Plus Medical Ucc retains the flexibility to add, remove, or modify elements of the System over time.
Care Plus Medical Ucc provides franchisees with a detailed manual, assistance in hiring employees by suggesting staffing levels and hiring guidelines, and training programs for new employees. Before opening, Care Plus Medical Ucc offers location selection criteria, reviews potential locations, and provides standard building plans, specifications, and lists of approved or required vendors. They also offer pre-opening training for the franchisee and up to three team members, and advise on the market introduction plan. After the franchise opens, Care Plus Medical Ucc provides ongoing advice, recommended pricing for products and services, administrative and bookkeeping procedures, and manages the marketing fund. They also maintain a website that includes the franchisee's location and telephone number.
As part of the system, franchisees are required to acquire and use software and related systems as mandated by Care Plus Medical Ucc, including entering into subscription and support agreements and keeping the software updated. Franchisees must also grant Care Plus Medical Ucc unlimited access to their point-of-sale and other software systems. Franchisees must use their best efforts to resolve customer complaints, and Care Plus Medical Ucc can take action to resolve complaints and require the franchisee to reimburse any expenses incurred. Franchisees must participate in customer evaluation and compliance programs, potentially including customer feedback systems, surveys, and mystery shopping, and meet any minimum score requirements set by Care Plus Medical Ucc, including those from internet review sites.
Franchisees are generally required to acquire all necessary inputs according to Care Plus Medical Ucc's System Standards, which may include purchasing or leasing from specific vendors or under specific specifications. Care Plus Medical Ucc can negotiate prices with vendors on behalf of the system and may receive rebates or payments from these vendors related to franchisee purchases. The franchise agreement also stipulates that all customer data and non-public data generated by the business is owned exclusively by Care Plus Medical Ucc, although it licenses this data back to the franchisee for use in their business. Any innovations developed by the franchisee related to the business automatically become the property of Care Plus Medical Ucc, which can incorporate them into the System without compensating the franchisee.