What is the Caring Senior Service franchisee acknowledging regarding the franchisor's practices?
Caring_Senior_Service Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee acknowledges and agrees that Franchisee's CARING SENIOR SERVICE® Franchised Business is independently owned and operated by Franchisee, and any references to Franchisor (whether referred to as Caring Senior Service, our, us, we, the Company, or otherwise) when providing Franchisee certain human resources and/or employment training or services means that these are Franchisor's practices. It does not mean that they are Franchisee's or system franchisees' practices, nor are they required to be. Even though Franchisor may provide Franchisee general information related to Franchisee employment decisions, Franchisee is the employer, and Franchisee will, at all times, have sole responsibility for making all employment-related decisions.
Franchisee acknowledges and agrees that the human resources and/or employment training services that Franchisor provides are only examples and ideas which Franchisee may use when developing Franchisee's own policies, and Franchisor makes no assurances or representations that the information Franchisor provides Franchisee complies with Franchisee's state's laws. Franchisee also understand that Franchisor has no obligation to provide Franchisee updates regarding changes in any labor or employment laws; and
that it is Franchisee's sole responsibility to make sure that Franchisee's employment and employee-related policies and practices are compliant with all state and federal laws.
Franchisee acknowledges and agrees that Franchisee will do all of the following:
- a) Post a notice at Franchisee's Franchised Business location that states the name of Franchisee's entity and that clearly states that Franchisee is independently owned and operated.
- b) Ensure that all forms used by Franchisee in connection with the Franchised Business also include the name of Franchisee's entity and that each form clearly states that Franchisee is independently owned and operated.
- c) Include in Franchisee's orientation or new-hire information a statement that says, "[Employee Name] are employee of [Name of Franchisee's Entity]. [Employee Name] is not an employee of Caring Senior Service Franchise Partnership, L.P." (This information can be included in the employee handbook. The handbook must have an acknowledgment page that is signed by the employee.)
- d) Review W-2 forms filled out by employees to ensure that employees list the name of Franchisee's entity as the employer, not Franchisor.
- e) List the name of Franchisee's entity, and not Franchisor's, on Franchisee's checks, whether payroll or otherwise.
Source: Item 23 — RECEIPTS (FDD pages 53–204)
What This Means (2025 FDD)
According to the 2025 Caring Senior Service FDD, franchisees acknowledge several key aspects regarding the franchisor's practices, particularly concerning human resources and employment matters. Specifically, franchisees acknowledge that Caring Senior Service franchised businesses are independently owned and operated. When the franchisor provides human resources or employment training, it represents Caring Senior Service's practices, not necessarily those of the franchisee or other franchisees within the system. Franchisees understand they are not required to adopt these practices.
Furthermore, the FDD emphasizes that even if Caring Senior Service offers general information related to employment decisions, the franchisee remains the sole employer and is ultimately responsible for all employment-related decisions. This includes ensuring compliance with all applicable state and federal laws. Caring Senior Service makes no assurances that the information it provides complies with the franchisee's state laws and has no obligation to update franchisees on changes in labor or employment laws.
To reinforce this independent relationship, Caring Senior Service franchisees agree to take several actions. These include posting a notice at their business location stating the name of their entity and clarifying that it is independently owned and operated, ensuring all forms used in the business include the franchisee's entity name and a similar statement of independent operation, and including a specific statement in new-hire information clarifying that employees are employees of the franchisee's entity and not of Caring Senior Service Franchise Partnership, L.P. Franchisees are also responsible for reviewing W-2 forms to ensure employees list the franchisee's entity as the employer and for listing the franchisee's entity name, not the franchisor's, on all checks.