What actions can Caring Senior Service take as attorney-in-fact for the franchisee?
Caring_Senior_Service Franchise · 2025 FDDAnswer from 2025 FDD Document
- 2.3.1 Direct the Telephone Companies to transfer all Franchisee's Interest in and to the Telephone Numbers and Listings to Franchisor;
- 2.3.2 Direct the Telephone Companies to terminate any or all of the Telephone Numbers and Listings; and
- 2.3.3 Execute the Telephone Companies' standard assignment forms or other documents in order to affect such transfer or termination of Franchisee's Interest.
- 2.4 Certification of Termination. Franchisee hereby directs the Telephone Companies that they shall accept, as conclusive proof of Termination of the Franchise Agreement, Franchisor's written statement, signed by an officer or agent of Franchisor, that the Franchise Agreement has terminated.
- 2.5 Cessation of Obligations. After the Telephone Companies have duly transferred all Franchisee's Interest in such Telephone Numbers and Listings to Franchisor, as between Franchisee and Franchisor, Franchisee will have no further Interest in, or obligations under, such Telephone Numbers and Listings. Notwithstanding the foregoing, Franchisee will remain liable to each and all of the Telephone Companies for the sums Franchisee is obligated to pay such Telephone Companies for obligations Franchisee incurred before the date Franchisor duly accepted the transfer of such Interest, or for any other obligations not subject to the Franchise Agreement or this Telephone Listing Agreement.
Source: Item 23 — RECEIPTS (FDD pages 53–204)
What This Means (2025 FDD)
According to Caring Senior Service's 2025 Franchise Disclosure Document, Caring Senior Service has specific authority regarding the franchisee's telephone numbers and listings. As attorney-in-fact, Caring Senior Service can direct telephone companies to transfer the franchisee's interest in telephone numbers and listings to Caring Senior Service. They can also instruct the telephone companies to terminate any or all of the franchisee's telephone numbers and listings.
To execute these actions, Caring Senior Service is authorized to complete the telephone companies' standard assignment forms or other necessary documents to transfer or terminate the franchisee's interest. The telephone companies are directed to accept Caring Senior Service's written statement, signed by an officer or agent, as conclusive proof that the Franchise Agreement has been terminated.
Once the telephone companies have transferred all of the franchisee's interest in the telephone numbers and listings to Caring Senior Service, the franchisee will no longer have any interest in or obligations related to those telephone numbers and listings, as between the franchisee and Caring Senior Service. However, the franchisee remains responsible for any sums owed to the telephone companies for obligations incurred before the transfer date or for any other obligations not covered by the Franchise Agreement or the Telephone Listing Agreement.
This arrangement ensures that Caring Senior Service can manage and control the brand's presence and contact information in the event of a franchise termination, while also protecting the franchisee's existing liabilities to the phone companies.