Under the agreement, what is Care Plus Medical Ucc licensing to the franchisee?
Care_Plus_Medical_Ucc Franchise · 2024 FDDAnswer from 2024 FDD Document
in our system with any prospective franchisee. | |
FRANCHISE AGREEMENT
This Agreement is made between Care Plus Medical UCC, LLC, a Wyoming Limited Liability Company ("Care Plus Medical UCC"), and Franchisee effective as of the date signed by Care Plus Medical UCC (the "Effective Date").
Background Statement:
- 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 1. DEFINITIONS
- "Action" means any action, suit, proceeding, claim, demand, governmental investigation, governmental inquiry, judgment or appeal thereof, whether formal or informal.
- "Approved Vendor" means a supplier, vendor, or distributor of Inputs which has been approved by Care Plus Medical UCC.
- "Business" means the Care Plus Medical business owned by Franchisee and operated under this Agreement.
- "Competitor" means any business which offers products or services the same or similar as the franchise brand.
- "Confidential Information" means all non-public information of or about the System, Care Plus Medical UCC, and any Care Plus Medical business, including all methods for developing and operating the Business, and all non-public plans, data, financial information, processes, vendor pricing, supply systems, marketing systems, formulas, techniques, designs, layouts, operating procedures, customer data, information and know-how.
- "Gross Sales" means the total dollar amount of all sales generated through the Business for a given period, including, but not limited to, payment for any services or products sold by Franchisee, whether for cash or credit.
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 licenses the Marks and the System to the franchisee. The System includes methods, procedures, and standards for developing and operating a Care Plus Medical business; plans, specifications, equipment, signage and trade dress for Care Plus Medical businesses; particular products and services; the Marks; training programs; business knowledge; marketing plans and concepts; and other mandatory or optional elements as determined by Care Plus Medical UCC from time to time.
This license grants the franchisee the right to operate a Care Plus Medical business solely at the specified location. The franchisee is obligated to develop, open, and operate the Care Plus Medical business at this location for the entire term of the agreement. This license is granted on the terms and conditions outlined in the franchise agreement.
Furthermore, Care Plus Medical UCC also licenses customer data and other non-public data generated by the business back to the franchisee without charge. This data is licensed solely for the franchisee's use in connection with the business during the term of the agreement. However, all Innovations conceived or developed by the franchisee, its employees, agents, or contractors related to the business will automatically be owned by Care Plus Medical UCC, who has the right to use and incorporate any Innovations into the System, without any compensation to the franchisee.