What happens if the Franchise Agreement between Caring Senior Service and the franchisee terminates?
Caring_Senior_Service Franchise · 2025 FDDAnswer from 2025 FDD Document
All terms used but not otherwise defined in this Telephone Listing Agreement shall have the meanings set forth in the Franchise Agreement. "Termination" of the Franchise Agreement shall include, but shall not be limited to, the voluntary termination, involuntary termination, or natural expiration thereof.
2. TRANSFER; APPOINTMENT
- 2.3.1 Direct the Telephone Companies to transfer all Franchisee's Interest in and to the Telephone Numbers and Listings to Franchisor;
- 2.3.2 Direct the Telephone Companies to terminate any or all of the Telephone Numbers and Listings; and
- 2.3.3 Execute the Telephone Companies' standard assignment forms or other documents in order to affect such transfer or termination of Franchisee's Interest.
- 2.4 Certification of Termination. Franchisee hereby directs the Telephone Companies that they shall accept, as conclusive proof of Termination of the Franchise Agreement, Franchisor's written statement, signed by an officer or agent of Franchisor, that the Franchise Agreement has terminated.
- 2.5 Cessation of Obligations. After the Telephone Companies have duly transferred all Franchisee's Interest in such Telephone Numbers and Listings to Franchisor, as between Franchisee and Franchisor, Franchisee will have no further Interest in, or obligations under, such Telephone Numbers and Listings. Notwithstanding the foregoing, Franchisee will remain liable to each and all of the Telephone Companies for the sums Franchisee is obligated to pay such Telephone Companies for obligations Franchisee incurred before the date Franchisor duly accepted the transfer of such Interest, or for any other obligations not subject to the Franchise Agreement or this Telephone Listing Agreement.
Except as otherwise provided in this Telephone Listing Agreement, all provisions of the Franchise Agreement and exhibits and schedules thereto shall remain in effect as set forth therein.
- 3.7 Survival.
This Telephone Listing Agreement shall survive the Termination of the Franchise Agreement.
Source: Item 23 — RECEIPTS (FDD pages 53–204)
What This Means (2025 FDD)
According to the 2025 Caring Senior Service Franchise Agreement, the definition of "Termination" includes voluntary termination, involuntary termination, or natural expiration of the agreement. Upon termination of the Franchise Agreement, the franchisee is required to transfer their interest in telephone numbers and listings to Caring Senior Service. The franchisee must also direct telephone companies to either transfer or terminate the telephone numbers and listings and execute any standard assignment forms to facilitate this. Caring Senior Service can provide the telephone companies with a written statement, signed by an officer or agent, as conclusive proof of the Franchise Agreement's termination.
Once the telephone companies have transferred the franchisee's interest in the telephone numbers and listings to Caring Senior Service, the franchisee will have no further interest in or obligations under those telephone numbers and listings, except for sums the franchisee was obligated to pay before the transfer.
However, the Telephone Listing Agreement survives the termination of the Franchise Agreement. This means that even after the Franchise Agreement ends, the terms and conditions of the Telephone Listing Agreement remain in effect. This includes obligations and responsibilities related to telephone listings, which continue even after the franchise relationship concludes. This ensures that Caring Senior Service maintains control over telephone listings and customer contact information even after a franchise agreement is terminated.