What happens if a Caring Senior Service franchisee defaults on their financing payments?
Caring_Senior_Service Franchise · 2025 FDDAnswer from 2025 FDD Document
| Down Payment | At least 50% of the total initial franchise fee under each franchise agreement you intend to sign must be paid at signing and the full remainder may be financed with us. |
|---|---|
| Term | |
| Interest Rate | |
| Payment | Equal monthly payments will be due and payable via ACH on the anniversary of the first payment or, at our discretion, along with each calendar month’s first Royalty Fee payment. Full payment must be made no more than 12 months from your first payment date. Payments will begin within 60 days of the signing of the Franchise Agreement(s). |
| Prepayment and Penalty | |
| Security Required | Guaranty of Payment (Exhibit I to this Disclosure Document) and Payment and Performance Guarantee (attached to Franchise Agreement), each of which must be executed by all of your Owners. The term “Owner” means all individuals who have a direct or indirect beneficial ownership interest in the franchisee. If the franchisee is an entity, this includes the franchisee’s and any of its entity owners’ shareholders, members, general and limited partners, and grantors and trustees, the intent being that all individuals who hold a beneficial interest in the franchisee entity, whether directly or indirectly through other entities, executes the guaranties. |
| Liability Upon Default | Delinquent payments plus interest equal to the lesser of 10% and the highest rate allowed by applicable law; acceleration of total unpaid principal of and accrued unpaid interest on the note; reasonable attorneys’ fees and costs; and default under your Franchise Agreement(s). |
| Loss of Legal Right | Waiver of grace period, demand, notice of demand, presentment, notice of dishonor, notice of default, notice of intention to accelerate, notice of acceleration, protest, notice of protest, diligence in collecting and the bringing of suit, and all other notices. |
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS AND TRAINING (FDD pages 25–32)
What This Means (2025 FDD)
According to Caring Senior Service's 2025 Franchise Disclosure Document, if a franchisee defaults on their financing payments to Caring Senior Service, several consequences may occur. The franchisee will be responsible for delinquent payments, plus interest. This interest will be the lesser of 10% or the highest rate allowed by applicable law.
Additionally, Caring Senior Service may accelerate the total unpaid principal and any accrued unpaid interest on the note. The franchisee will also be liable for reasonable attorneys' fees and costs incurred by Caring Senior Service due to the default. Defaulting on financing payments also constitutes a default under the Franchise Agreement itself, which could lead to further actions by Caring Senior Service, such as termination of the franchise agreement.
Furthermore, the franchisee waives certain legal rights related to the debt. This includes waiving any grace period, demand for payment, notice of demand, presentment, notice of dishonor, notice of default, notice of intention to accelerate, notice of acceleration, protest, notice of protest, diligence in collecting, and the bringing of suit, and all other notices. This waiver simplifies and expedites the process for Caring Senior Service to pursue legal remedies in the event of a default.