What legal rights are waived by a Caring Senior Service franchisee in the event of default?

Question

Accepted Answer

| 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 legal rights are waived by a Caring Senior Service franchisee in the event of default?

Answer from 2025 FDD Document

What This Means (2025 FDD)

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.