What is the Caring Senior Service franchisee's obligation regarding the making of non-approved services?
Caring_Senior_Service Franchise · 2025 FDDAnswer from 2025 FDD Document
No sale of any product or service except Approved Services may be solicited, accepted or made at or from the Business.
If requested by us on at least thirty (30) days' notice as part of a general program or standardization effort by us, the marketing of an Approved Service must be discontinued.
In such an event, such service ceases to be an Approved Service;
- (i) We may, from time to time, conduct market research and testing to determine consumer trends and salability of new products and services.
You must cooperate by participating in our market research programs, test marketing new products and services and providing timely reports and other relevant information regarding marketing research.
- (ii) You shall not: (a) sell any unapproved product or service; (b) sell any product or service at or from any place except the Business; or (c) sell, prepare, or deliver any product or service at any place other than the Business or your clients' homes or places of residence;
Source: Item 23 — RECEIPTS (FDD pages 53–204)
What This Means (2025 FDD)
According to the 2025 Caring Senior Service FDD, franchisees are explicitly prohibited from selling any unapproved products or services at or from their business locations. They also cannot sell, prepare, or deliver any product or service at any place other than the business or their clients' homes or places of residence. The franchise agreement grants franchisees the right to market, sell, and provide only the approved services and products within their territory, as defined by the Caring Senior Service system. Approved Services include non-medical assistance to the elderly and to disabled or infirm adults at their homes or places of residence, and other related products and services.
Caring Senior Service requires franchisees to offer all Approved Services on a continuous basis at the business, at the times and in the manner specified by Caring Senior Service. If Caring Senior Service requests a franchisee to discontinue marketing an Approved Service as part of a general program or standardization effort with at least 30 days' notice, the franchisee must comply, and that service will no longer be considered an Approved Service.
Caring Senior Service retains the right to conduct market research and testing to determine consumer trends and the salability of new products and services. Franchisees are obligated to cooperate by participating in these market research programs, test marketing new products and services, and providing timely reports and other relevant information regarding marketing research. This ensures that franchisees remain aligned with Caring Senior Service's strategic direction and adapt to changing market demands.
Noncompliance with these requirements constitutes a material breach of the franchise agreement. This means that offering non-approved services can lead to significant penalties, including potential termination of the franchise agreement. Franchisees must, therefore, adhere strictly to the approved list of services and any directives from Caring Senior Service regarding service offerings and marketing.