The franchisor is Planet Beach Franchising Corporation (PBFC). Franchisees operate a Planet Beach outlet that offers automated spa services, nutrition, health products, spray tanning, ultraviolet light tanning, skin care products and other specialty items under the name and brand “Planet Beach.” Additionally, the Planet Beach outlet will offer products and service under the name of the franchisor’s affiliate brand, “HOTWORX.”
Franchisees and their Spa Director will be provided with virtual training and Planet Beach University Online curriculum for each location that they open. Franchisees and their Spa Director (if franchisees are not operating the Spa) are required to attend training.
The Virtual Franchisee School Agenda currently includes five days of instruction. On-site Shadow Training consists of five days at an approved spa location with pre-approved shadow dates. Prior to attending Shadow Training, all online courses must be completed with passing exam grades by all franchisees and Spa Director(s). Any additional onsite training that corporate provides will be provided for a $200.00 per day fee.
Franchisees will operate their spa only from the location which the franchisor approves as defined in the Franchise Agreement. During the term of the Franchise Agreement, if franchisees are in compliance with the Franchise Agreement, they will have a territory as identified in and defined by the Franchise Agreement (Protected Territory). The Protected Territory will generally be a circle, the center of which will be the location as defined by the signed lease and verified by the franchisee.
The actual size and dimensions of the Protected Territory will depend upon the specific variables of the site including population density, marketing and development trends, traffic flow and natural and man-made boundaries. A map plotting the Protected Territory will be attached to the Franchise Agreement. If a radius is used to determine the Protected Territory, then the radius of the circle will be in the franchisor’s sole discretion and based on where the Spa site is located and will be up to either: (1) a radius of one-third of a mile if the spa is located in a densely populated area which may include suburbs; or (2) a two-mile radius if the spa is located in any other area.
The franchisor recommends that franchisees personally supervise and attend to the daily operation of their Spa. If franchisees choose to operate the spa through a full-time Spa Director that they designate to manage their location, the Spa Director must personally supervise the day-to-day operations of the spa in their absence. Franchisees and their spouse will be required to sign a personal guaranty in connection with the obligations specified in the Franchise Agreement.
The franchisor requires franchisees to offer and sell only certain of those goods or services that the franchisor has approved. Franchisees must refrain from any deviation from our standards and specifications without the franchisor’s written consent and must discontinue selling and offering for sale any services or products that the franchisor disapproves or discontinues.
Franchisees must use the approved location only for the operation of a Planet Beach Spa, must keep the spa open and in normal operation for the minimum hours and days that the franchisor specifies or as required by their lease.
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