What activities are prohibited by the non-competition covenants during the term of a Caring Senior Service franchise?
Caring_Senior_Service Franchise · 2025 FDDAnswer from 2025 FDD Document
You may sell the Approved Services and Products to clients who live within your Territory. You may not engage in any promotional activities or sell any products or services, whether directly or indirectly, through or on the Internet, the World Wide Web, or any other similar proprietary or common carrier electronic delivery system (collectively, the "Electronic Media"); through catalogs or other mail order devices sent or directed to clients or prospective clients located anywhere; or by telecopy or other telephonic or electronic communications, including toll-free numbers, directed to or received from clients or prospective clients located anywhere. While you may place advertisements in printed media and on television and radio that are targeted to clients and prospective clients located within your Territory, you will not be deemed to be in violation of the Franchise Agreement if those advertisements, because of the natural circulation of the printed media or reach of television and radio, are viewed by prospective clients outside of your Territory.
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION THE FRANCHISE RELATIONSHIP (FDD pages 39–45)
What This Means (2025 FDD)
According to Caring Senior Service's 2025 Franchise Disclosure Document, franchisees face specific restrictions on promotional and sales activities during the term of their agreement. These restrictions primarily target electronic and remote channels. Specifically, franchisees are prohibited from engaging in promotional activities or selling products or services through the Internet, the World Wide Web, or similar electronic delivery systems. This encompasses any direct or indirect sales efforts via these online platforms.
Additionally, Caring Senior Service franchisees are restricted from using catalogs or other mail-order devices to solicit or sell to clients or prospective clients, regardless of their location. The same prohibition applies to telecopy or other telephonic or electronic communications, including toll-free numbers, directed to or received from clients or prospective clients anywhere. This means franchisees must avoid these methods for reaching potential customers.
However, the FDD clarifies that franchisees can place advertisements in printed media, television, and radio, even if those ads reach individuals outside their territory due to the media's natural circulation or reach. In such cases, the franchisee will not be considered in violation of the Franchise Agreement. Furthermore, franchisees are permitted to sell approved services to clients who may be located anywhere but choose to utilize their specific Caring Senior Service business.