Does the Addendum alter the original Franchise Agreement for Caring Senior Service?

ISE AGREEMENT

BACKGROUND

• A. Prior to the Effective Date, Franchisee operated an independent non-medical residential assistance and care business ("Prior Business").
• B. As a special allowance for Franchisee to convert its Prior Business into a CARING SENIOR SERVICE franchised business and thereby join the Caring Senior Service System, Franchisor has offered Franchisee the financial incentives contained within this Addendum.

AGREEMENT

NOW, THEREFORE, in consideration of the above recitals and the agreements contained in this Addendum, Franchisor and Franchisee agree as follows:

• 1. All capitalized terms herein which are not separately defined herein shall have the meanings ascribed to such terms in the Franchise Agreement.
• 1. In the event of a conflict between the terms of the Franchise Agreement and the terms of this Addendum, the terms of this Addendum shall control.
• 1. Except as specifically modified by this Addendum, all terms of the Franchise Agreement are in full force and effect.
• 1. Franchisee represents and warrants to Franchisor that all balance sheets, income statements and other financial information that Franchisee furnished to Franchisor to determine the total gross revenue of Franchisee's Prior Business derived from non-medical in home services during the twelve (12) months immediately preceding the Effective Date of the Franchise Agreement and this Addendum ("Base Year Revenue Amount") are accurate and correct in all material respects. Franchisee acknowledges that Franchisor has relied upon such information as provided by Franchisee in determining Franchisee's qualification for the incentive program evidenced by this Addendum.
• 1. Franchisee agrees that Franchisor may, upon request, examine the books and financial records of Franchisee's Prior Business in addition to any other books and records that Caring Senior Service is entitled to examine in accordance with Section 5.10 of the Franchise Agreement.
• 1. The term "Opening Date" means the first day of the first full two-week period in which Royalty Fees are calculated in the System following Franchisee's completion of the initial training program set forth in Section 7.2 of the Agreement.
  • 1. Section 5.1 of the Franchise Agreement is hereby deleted and replaced with the following:
  • "5.1 Initial Franchise Fee: In consideration of the grant of this franchise, you shall pay to us a non-recurring initial franchise fee for the franchise hereunder in an amount equal to Twenty Two Thousand and Five Hundred Dollars ($22,500).

Source: Item 23 — RECEIPTS (FDD pages 53–204)