What is the 'Franchisor' referring to in the Caring Senior Service Franchise Disclosure Acknowledgment?
Caring_Senior_Service Franchise · 2025 FDDAnswer from 2025 FDD Document
As you know, Caring Senior Service Franchise Partnership, L.P. (the "Franchisor") and you are preparing to enter into a franchise agreement (the "Franchise Agreement") for the establishment and operation of a Caring Senior Service Business (the "Franchised Business"). The purpose of this Questionnaire is to determine whether any statements or promises were made to you by employees or authorized representatives of the Franchisor, or by employees or authorized representatives of a broker acting on behalf of the Franchisor ("Broker") that have not been authorized, or that were not disclosed in the Disclosure Document or that may be untrue, inaccurate or misleading. The Franchisor, through the use of this document, desires to ascertain (a) that the undersigned, individually and as a representative of any legal entity established to acquire the franchise rights, fully understands and comprehends that the purchase of a franchise is a business decision, complete with its associated risks, and (b) that you are not relying upon any oral statement, representations, promises or assurances during the negotiations for the purchase of the franchise which have not been authorized by Franchisor.
In the event that you are intending to purchase an existing Franchised Business from an existing Franchisee, you may have received information from the transferring Franchisee, who is not an employee or representative of the Franchisor. The questions below do not apply to any communications that you had with the transferring Franchisee. Please review each of the following questions and statements carefully and provide honest and complete responses to each.
Source: Item 23 — RECEIPTS (FDD pages 53–204)
What This Means (2025 FDD)
According to the 2025 Caring Senior Service Franchise Disclosure Document, the "Franchisor" in the Franchisee Disclosure Acknowledgment refers to Caring Senior Service Franchise Partnership, L.P. The document states that Caring Senior Service and the prospective franchisee are preparing to enter into a franchise agreement for a Caring Senior Service Business. The purpose of the acknowledgment is to confirm that the franchisee isn't relying on unauthorized statements or promises made by Caring Senior Service employees, representatives, or brokers that weren't disclosed in the FDD or are untrue, inaccurate, or misleading.
The acknowledgment aims to ensure the franchisee understands that buying a franchise is a business decision with associated risks and that they aren't relying on any unauthorized oral statements or assurances during negotiations. This is a standard practice in franchising to protect the franchisor from liability based on claims not documented in the FDD or franchise agreement.
Furthermore, the document clarifies that if the franchisee is purchasing an existing Franchised Business from a transferring franchisee, any information received from that transferring franchisee (who is not an employee or representative of Caring Senior Service) is not covered by the acknowledgment. The franchisee is instructed to carefully review and honestly answer the questions in the acknowledgment, indicating they understand the terms and are not relying on unauthorized representations.