What requirements must a Caring Senior Service franchisee comply with during relocation after losing occupancy?
Caring_Senior_Service Franchise · 2025 FDDAnswer from 2025 FDD Document
In the event your lease expires, or if your right to the possession of the Business is otherwise lost without your fault, in our reasonable judgment, we shall not terminate this Agreement, provided that you relocate and reopen your Business at a location within the Protected Territory and under occupancy terms acceptable to us. In this relocation, you agree to comply with our then-current location, leasing, design, construction and opening requirements. In addition, such relocation shall occur and your Business must be open to the public within ninety (90) days from the date on which the prior lease terminated or possession of the Business was lost.
In the event this Agreement is terminated as a result of your being unable to relocate your Business as discussed in this Section 13.4, and provided that you have made a good faith effort to relocate your Business within the required time period and have not refused to accept any new site that we may have found for said Business, the termination of this Agreement will not be deemed to be a termination because of a default and the liquidated damages provisions of Section 14.7 of this Agreement will not apply.
Source: Item 23 — RECEIPTS (FDD pages 53–204)
What This Means (2025 FDD)
According to the 2025 Caring Senior Service FDD, if a franchisee loses possession of their business premises without fault, Caring Senior Service will not terminate the agreement if the franchisee relocates and reopens the business. The relocation must be within the Protected Territory under occupancy terms acceptable to Caring Senior Service.
The franchisee must comply with Caring Senior Service's then-current location, leasing, design, construction, and opening requirements during the relocation. This ensures that the relocated business meets the brand's standards and maintains consistency across all franchise locations.
The relocation and reopening of the Caring Senior Service business must occur within ninety (90) days from the date the prior lease terminated or possession of the business was lost. Failure to relocate within this timeframe could potentially lead to termination of the franchise agreement. However, if the franchisee makes a good faith effort to relocate within the required time and does not refuse any new site that Caring Senior Service may have found, the termination will not be considered a default, and the liquidated damages provisions will not apply.