What rights do Caring Senior Service franchisees waive regarding Improvements they develop?
Caring_Senior_Service Franchise · 2025 FDDAnswer from 2025 FDD Document
If you, your employees, or owners develop any new concept, process or improvement in the operation or promotion of a Caring Senior Service® Business (an "Improvement"), you agree to promptly notify us and provide us with all necessary related information, without compensation. Any such Improvement shall become our sole property and we shall be the sole owner of all related patents, patent applications, and other intellectual property rights. You and your owners hereby assign to us any rights you or your owners may have or acquire in the Improvements, including the right to modify the Improvement, and waive and/or release all rights of restraint and moral rights therein and thereto. You and your owners agree to assist us in obtaining and enforcing the intellectual property rights to any such Improvement in any and all countries and further agree to execute and provide us with all necessary documentation for obtaining and enforcing such rights. You and your owners hereby irrevocably designate and appoint us as agent and attorney-in-fact for you and for them to execute and file any such documentation and to do all other lawful acts to further the prosecution and issuance of patents or other intellectual property right related to any such Improvement. In the event that the foregoing provisions of this Section 15.7. are found to be invalid or otherwise unenforceable, you and your owners hereby grant to us a worldwide, perpetual, non-exclusive, fully-paid license to use and sublicense the use of the Improvement to the extent such use or sublicense would, absent this Agreement, directly or indirectly infringe on you or your owners' rights therein.
Source: Item 23 — RECEIPTS (FDD pages 53–204)
What This Means (2025 FDD)
According to Caring Senior Service's 2025 Franchise Disclosure Document, franchisees waive significant rights regarding any improvements they develop related to the Caring Senior Service business. Specifically, if a franchisee, their employees, or owners develop any new concept, process, or improvement, it must be promptly disclosed to Caring Senior Service without compensation.
These improvements become the sole property of Caring Senior Service, which gains ownership of all related patents, patent applications, and other intellectual property rights. Franchisees and their owners assign all rights they may have or acquire in these improvements to Caring Senior Service. This includes the right for Caring Senior Service to modify the improvement.
Furthermore, franchisees waive all rights of restraint and moral rights related to the improvements. They also agree to assist Caring Senior Service in obtaining and enforcing intellectual property rights in any country, including executing necessary documentation. Caring Senior Service is irrevocably designated as the agent and attorney-in-fact to execute and file any documentation to further the prosecution and issuance of patents or other intellectual property rights. In the event that these provisions are found unenforceable, franchisees grant Caring Senior Service a worldwide, perpetual, non-exclusive, fully-paid license to use and sublicense the improvement.