Judge orders cryotherapy spa to pay Central Park landlord $200K

5.24D Restore owners

Restore Hyper Wellness + Cryotherapy franchise owners Nate Fennell, left, and Brody King were rivals before they decided to merge businesses. (Courtesy Restore Hyper Wellness + Cryotherapy)

A former cryotherapy spa in the Central Park neighborhood has been ordered to hand over nearly $200,000 to a landlord who accused it of moving out without paying rent.

Restore Hyper Wellness, which is Texas-based, has more than 200 franchises around the country and eight in Colorado. Cryotherapy involves sitting in subzero temperatures for two or three minutes. Restore also offers IV drips, infrared saunas and red light therapy.

In 2021, two Restore franchisees, Brody King of Utah and Nate Fennell of Oregon, decided to stop competing against each other, join forces and open five Centennial State locations in Cherry Creek, Berkeley, Central Park, Boulder and Colorado Springs.

“The product market is really obvious given the natural propensity of the Colorado community to be outside, active and invest in their own health,” King told BusinessDen at the time.

The duo later sold the Boulder and Cherry Creek spas to Daniel Franklin, a lawyer in Erie. When he filed for Chapter 11 bankruptcy on the spas in January, Franklin told BusinessDen that the spas’ finances “were way worse than we anticipated” when he bought them.

“The situation was not as it was marketed to us. We were put in a spot of losing $40,000 to $50,000 per month,” according to Franklin, who used the term “dumpster fire.”

After selling the Boulder and Cherry Creek spas to Franklin in early 2023, King and Fennell continued owning the Central Park location, which took up about 2,200 feet in a shopping center at 8300 E. 36th Ave., according to a lawsuit that its landlord filed back in March.

Restore CC Insta

The Restore Hyper Wellness location at 295 St. Paul St. in Cherry Creek. (Instagram)

By September 2023, the spa was $31,000 behind on rent and maintenance costs, according to the lawsuit. Threatened with eviction, King and Fennell closed shop and left instead.

So, Restore’s landlord sued March 4 for that $31,000, for unpaid rent between September and March, and for the cost of removing a large nitrogen tank. When King, Fennell and a third partner, Carl Crosser of Utah, ignored that lawsuit, Denver District Court Judge Eric Elliff ordered them to pay $197,671 on June 11. The amount has not yet been paid.

The trio of cryotherapy spa owners did not return BusinessDen’s phone calls and emails asking them to discuss the court judgment and what went wrong with the spa.

The landlord, Central Park Holdings LLC, was represented by attorney Lyndsay Ressler with Ressler Law in Colorado Springs, who also didn’t return requests for comment.

5.24D Restore owners

Restore Hyper Wellness + Cryotherapy franchise owners Nate Fennell, left, and Brody King were rivals before they decided to merge businesses. (Courtesy Restore Hyper Wellness + Cryotherapy)

A former cryotherapy spa in the Central Park neighborhood has been ordered to hand over nearly $200,000 to a landlord who accused it of moving out without paying rent.

Restore Hyper Wellness, which is Texas-based, has more than 200 franchises around the country and eight in Colorado. Cryotherapy involves sitting in subzero temperatures for two or three minutes. Restore also offers IV drips, infrared saunas and red light therapy.

In 2021, two Restore franchisees, Brody King of Utah and Nate Fennell of Oregon, decided to stop competing against each other, join forces and open five Centennial State locations in Cherry Creek, Berkeley, Central Park, Boulder and Colorado Springs.

“The product market is really obvious given the natural propensity of the Colorado community to be outside, active and invest in their own health,” King told BusinessDen at the time.

The duo later sold the Boulder and Cherry Creek spas to Daniel Franklin, a lawyer in Erie. When he filed for Chapter 11 bankruptcy on the spas in January, Franklin told BusinessDen that the spas’ finances “were way worse than we anticipated” when he bought them.

“The situation was not as it was marketed to us. We were put in a spot of losing $40,000 to $50,000 per month,” according to Franklin, who used the term “dumpster fire.”

After selling the Boulder and Cherry Creek spas to Franklin in early 2023, King and Fennell continued owning the Central Park location, which took up about 2,200 feet in a shopping center at 8300 E. 36th Ave., according to a lawsuit that its landlord filed back in March.

Restore CC Insta

The Restore Hyper Wellness location at 295 St. Paul St. in Cherry Creek. (Instagram)

By September 2023, the spa was $31,000 behind on rent and maintenance costs, according to the lawsuit. Threatened with eviction, King and Fennell closed shop and left instead.

So, Restore’s landlord sued March 4 for that $31,000, for unpaid rent between September and March, and for the cost of removing a large nitrogen tank. When King, Fennell and a third partner, Carl Crosser of Utah, ignored that lawsuit, Denver District Court Judge Eric Elliff ordered them to pay $197,671 on June 11. The amount has not yet been paid.

The trio of cryotherapy spa owners did not return BusinessDen’s phone calls and emails asking them to discuss the court judgment and what went wrong with the spa.

The landlord, Central Park Holdings LLC, was represented by attorney Lyndsay Ressler with Ressler Law in Colorado Springs, who also didn’t return requests for comment.

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