What non-competition covenants are Caring Senior Service franchisees subject to during the term of the franchise?
Caring_Senior_Service Franchise · 2025 FDDAnswer from 2025 FDD Document
1.1 Grant
Subject to the terms, conditions and limitations elsewhere in this Agreement, we hereby grant to you a right and license to use the System, the Proprietary Marks and to market, sell and provide the Approved Services and Products in accordance with the System within your Territory. The Approved Services and Products are the only services and products authorized to be offered and sold at or through the Business. The right and license granted in Section 1.1 hereof shall be restricted solely and exclusively to use of the System and Proprietary Marks in and from the Protected Territory (as defined below), however, except for Services provided to existing clients of other franchisees relocated to within your Territory on a temporary basis and as otherwise expressly stated in this Agreement, we will not operate a CARING SENIOR SERVICE Business, or grant anyone else the right to operate a CARING SENIOR SERVICE Business, that provides Approved Services and Products within your Territory while this Agreement is in effect.
1.2 Location
During the term of this Agreement, the Business Premises shall be used exclusively by you and solely for the purpose permitted by this Agreement. In the event that, prior to the termination of the franchise hereunder and provided you have leased space for the Business, the lease or sublease should expire or terminate without your fault, or if the landlord closes the location where the Business is located, or if the Premises should be expropriated or you otherwise lose possession thereof without fault on your part, you shall be entitled to relocate the Business to another location acceptable to us, provided that:
- (a) we have first given our written consent to such relocation and new site;
- (b) the new premises shall be developed by you in the same manner as described in Article 3 hereof solely at your costs, if you will lease premises for the Business; and
- (c) the new premises shall be located within your Protected Territory.
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION THE FRANCHISE RELATIONSHIP (FDD pages 39–45)
What This Means (2025 FDD)
According to the 2025 Caring Senior Service Franchise Disclosure Document, franchisees are subject to certain non-competition covenants during the term of the franchise agreement. Caring Senior Service grants franchisees the right to use its system and proprietary marks to market and sell approved services and products within their designated territory. The approved services and products are the only authorized offerings for the business.
Specifically, Caring Senior Service will not operate or grant anyone else the right to operate a Caring Senior Service business that provides approved services and products within the franchisee's territory while the agreement is in effect. This is with the exception of services provided to existing clients of other franchisees who have relocated temporarily within the franchisee's territory.
Franchisees are restricted from making sales or providing services to clients located outside of their protected territory, unless there isn't another Caring Senior Service business in operation in that area, or they have obtained written permission from the other franchisee to provide services in their territory. If the area is subsequently sold to a new franchisee, Caring Senior Service may require the original franchisee to cease servicing clients in that area and transfer all client information to the new franchisee. However, Caring Senior Service retains the discretion to allow the original franchisee to continue serving some or all of their established clients in the sold area. Noncompliance with these terms constitutes a material breach of the agreement.