Is Caring Senior Service's approval for relocation of a Franchised Business unreasonably withheld?
Caring_Senior_Service Franchise · 2025 FDDAnswer from 2025 FDD Document
You may relocate your Franchised Business only with our prior written approval, and your new location must be within your Territory. Our approval will be based upon the same factors we use for your original Approved Location. Our approval will not be unreasonably withheld. Our approval should not be construed as an assurance or guaranty that the new site will be successful.
Source: Item 12 — TERRITORY (FDD pages 33–35)
What This Means (2025 FDD)
According to Caring Senior Service's 2025 Franchise Disclosure Document, franchisees may relocate their Franchised Business, but only with prior written approval from Caring Senior Service. The new location must be within the franchisee's existing territory.
The FDD states that Caring Senior Service's approval for relocation will be based on the same factors used for the original Approved Location. Importantly, the FDD explicitly states that Caring Senior Service's approval will not be unreasonably withheld. However, the document also clarifies that approval should not be construed as an assurance or guarantee that the new site will be successful.
This clause protects franchisees from arbitrary denials of relocation requests, but it also acknowledges that Caring Senior Service cannot guarantee the success of a new location. Prospective franchisees should understand the criteria Caring Senior Service uses to evaluate potential locations, as these same factors will be applied to any relocation requests. Franchisees should conduct thorough due diligence on any potential new location, even if Caring Senior Service approves the move.