Restaurant surcharges & service charges: threat or menace?

Disclaimer at bottom of menu at Wes Avila’s new place (emphasis added by me):

A 5% wellness fee is added to all checks in support of health benefits & workers comp premiums for our staff, which includes non-managerial and managerial staff alike, but it is not a fee or service. If you’d like this fee removed, please Iet us know.

Am I a complete idiot for not understanding these two sentences? If it is called a “wellness fee” AND the diner can request “this fee removed”, then what’s with the “it is not a fee or service”?

Edited to add this thought:

If they changed the wording to something like, “A 5% wellness surcharge is added to all checks in support of health benefits & workers comp premiums for our staff, which includes non-managerial and managerial staff alike. This is not a fee or service, is completely discretionary, and will be removed at your request” maybe it would be better?

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