What happens if the Caring Senior Service Franchise Agreement is terminated?
Caring_Senior_Service Franchise · 2025 FDDAnswer from 2025 FDD Document
he following:
CARING SENIOR SERVICE® Exhibit B Franchise Agreement | 2025
- 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.
3. MISCELLANEOUS
- 3.1 Release. Franchisee hereby releases, remises, acquits, and forever discharges each and all of the Telephone Companies and each and all of their parent corporations, subsidiaries, affiliates, directors, officers, stockholders, employees, and agents, and the successors and assigns of any of them, from any and all rights, demands, claims, damage, losses, costs, expenses, actions, and causes of action whatsoever, whether in tort or in contract, at law or in equity, known or unknown, contingent or fixed, suspected or unsuspected, arising out of, asserted in, assertable in, or in any way related to this Telephone Listing Agreement.
- 3.2 Indemnification. Franchisee is solely responsible for all costs and expenses related to Franchisee's performance, Franchisee's nonperformance, and Franchisor's enforcement of this Agreement, which costs and expenses Franchisee will pay Franchisor in full, without defense or setoff, on demand.
Source: Item 23 — RECEIPTS (FDD pages 53–204)
What This Means (2025 FDD)
According to Caring Senior Service's 2025 Franchise Disclosure Document, termination of the Franchise Agreement has several implications, particularly concerning telephone listings and potential lease assignments. Upon termination, Caring Senior Service has the right to direct telephone companies to transfer the franchisee's interest in telephone numbers and listings to the franchisor, or to terminate these listings altogether. The franchisee is obligated to execute the necessary documents to facilitate this transfer or termination. Caring Senior Service can provide the telephone companies with a written statement as conclusive proof of the Franchise Agreement's termination. After the transfer of telephone interests, the franchisee has no further interest or obligations related to those listings, although they remain liable for any outstanding payments incurred before the transfer.
Additionally, the Telephone Listing Agreement survives the termination of the Franchise Agreement. This means that even after the Franchise Agreement ends, the terms of the Telephone Listing Agreement remain in effect.
If the franchisee has a lease agreement for their business premises, Caring Senior Service may have a collateral assignment of that lease. Upon the franchisee's default under the lease or the Franchise Agreement, Caring Senior Service has the right to take possession of the premises and expel the franchisee. In such cases, the franchisee loses all rights to the lease but remains liable for any past due rental payments or other charges that Caring Senior Service is required to pay to the lessor to effectuate the assignment. The franchisee must also obtain Caring Senior Service's written consent before making any changes to the lease and must exercise all options to extend or renew the lease unless Caring Senior Service agrees otherwise in writing.