What is the Caring Senior Service franchisee's obligation regarding lease renewal options?
Caring_Senior_Service Franchise · 2025 FDDAnswer from 2025 FDD Document
Throughout the term of the Franchise Assignor agrees that it will not suffer or permit any surrender, termination, amendment or Agreement Assignor agrees that it will elect and exercise all options to extend the term of or renew the Lease not less than thirty (30) days before the last day upon which the option must be exercised unless Assignee agrees otherwise in writing.
Upon Assignee's failure to agree otherwise in writing and upon Assignor's failure to elect to extend or renew the Lease as required Assignor appoints Assignee as its true and lawful attorney-in-fact with the authority to exercise the extension or renewal options in the name, place and stead of Assignor for the sole purpose of effecting the extension or renewal.
Source: Item 23 — RECEIPTS (FDD pages 53–204)
What This Means (2025 FDD)
According to the 2025 Caring Senior Service Franchise Disclosure Document, franchisees are obligated to elect and exercise all options to extend the term of or renew their lease, doing so not less than thirty (30) days before the last day upon which the option must be exercised. This requirement is in place throughout the term of the Franchise Agreement, unless Caring Senior Service agrees otherwise in writing.
If a franchisee fails to elect to extend or renew the lease as required and Caring Senior Service does not agree otherwise in writing, the franchisee appoints Caring Senior Service as their attorney-in-fact. This appointment grants Caring Senior Service the authority to exercise the extension or renewal options in the name, place, and stead of the franchisee, solely for the purpose of effecting the extension or renewal.
This provision ensures that Caring Senior Service locations maintain their operational premises, which is critical for business continuity and brand consistency. By requiring franchisees to renew leases and providing a mechanism for Caring Senior Service to step in if they fail to do so, the franchise system protects itself from potential disruptions caused by loss of location. Franchisees should be aware of these requirements and ensure timely action regarding lease renewals to avoid intervention by Caring Senior Service.