What are the 'Managerial Responsibilities' covered in the Caring Senior Service training and technical assistance?
Caring_Senior_Service Franchise · 2025 FDDAnswer from 2025 FDD Document
esponsibility
It is agreed that at all times during the term of this Agreement, either you or a fully trained Agency Director, who is identified in writing to us and approved by us (the "Agency Director"), shall:
- (a) devote full time attention and best efforts to the active management and operation of the business of the Business;
- (b) irrespective of any delegation of authority, not inconsistent with clause (a), reserve and exercise ultimate authority and responsibility with respect to the management and operation of the business of the Business; and
- (c) represent you and act on your behalf in all dealings with us.
If two (2) or more individuals are named in this Section 7.1, each of them shall fulfill the requirements of clause (a) and both or all of them shall jointly fulfill the requirements of clauses (b) and (c), and shall be identified to us in writing.
7.2 Initial and Ongoing Training; Opening Assistance; Franchisee Meetings
We will provide to you and three (3) additional trainees (for a maximum of four (4) trainees) a mandatory training program which you and a designated employee must successfully complete prior to the opening of the Business. This training will be offered remotely and does not require you and your attendee's travel to any specific location. If we allow the second trainee to attend the initial training program after you begin operating the Business, such trainee must successfully complete the training program to our satisfaction or be replaced with an individual who is able to successfully complete the program within a reasonable time as determined but us in our discretion. The cost of the training program for four (4) people is in included in the initial franchise fee. If you request that we provide additional training to your employees, either before your Franchised Business opens or while it is operating, you must pay our thencurrent training fee.
You and the Agency Director (if not you), must complete our initial training program to our satisfaction. If we determine that you or the Agency Director have not completed or are unable to complete our initial training program satisfactorily, we may offer the opportunity to re-take the initial training program at your expense. You or your Agency Director's failure to complete initial training to our satisfaction will give us the right to terminate your Franchise Agreement. If, for any or no reason, you replace your Agency Director, they must meet our then-current minimum requirements for an Agency Director, we must approve your new Agency Director in writing, and you must cause such new Agency Director to attend and successfully complete our first available initial training program. We reserve the right to disapprove your Agency Director, which we will do so in writing, if they do not meet our minimum requirements or they do not attend or successfully complete the first available initial training program.
Throughout the term of this Agreement, we may also require, in our sole discretion, that your managerial personnel and individual responsible for sales efforts attend and successfully complete all or a portion of our initial training program, and you agree to bear the costs (including reasonable tuition costs) associated with their attendance.
Source: Item 23 — RECEIPTS (FDD pages 53–204)
What This Means (2025 FDD)
According to the 2025 Caring Senior Service FDD, managerial responsibilities require either the franchisee or a fully trained and approved Agency Director to devote full-time attention and effort to actively managing and operating the business. This individual must retain ultimate authority and responsibility for the business's management and operation, regardless of any delegated authority. Additionally, they must represent the franchisee in all dealings with Caring Senior Service. If multiple individuals are designated, each must fulfill the full-time commitment, while all jointly handle ultimate authority and representation.
Caring Senior Service may also require managerial personnel and those responsible for sales to attend and complete the initial training program, with the franchisee bearing the associated costs, including tuition. During the first sixteen weeks of operation, Caring Senior Service will provide weekly contact to discuss operations and address questions. Furthermore, for the first franchise, a representative will visit the franchisee's business for at least two days, at no additional charge, to review operations and answer questions.
Caring Senior Service may offer continuing or refresher training, which may be mandatory for the franchisee, Agency Director, Homecare Consultant(s), Care Manager(s), or other employees. The franchisee may be required to pay a training fee and reimburse travel, lodging, and meal costs for Caring Senior Service personnel. The franchisee is also responsible for covering the expenses of their trainees, including travel, lodging, meals, and wages. Certain certification courses are required for efficient and effective operation, and franchisees must comply with these requirements and pay the associated training fees.