Is the Caring Senior Service SOFTWARE license transferable?
Caring_Senior_Service Franchise · 2025 FDDAnswer from 2025 FDD Document
ARTICLE 22
TECHNOLOGY
22.1 Computer Systems and Software
The following terms and conditions shall apply with respect to your computer system:
- 22.1.1 We shall have the right to specify or require that certain brands, types, makes, and/or models of communications, computer systems, and hardware to be used by, between, or among Caring Senior Service Businesses, including without limitation: (a) back office systems, data, audio, video, and voice storage, retrieval, and transmission systems for use at Caring Senior Service Businesses, between or among Businesses, and between and among the Franchised Business and us and/or you; (b) physical, electronic, and other security systems; (c) printers and other peripheral devices; (d) archival back-up systems; and (e) internet access mode and speed (collectively, the "Computer System").
- 22.1.2 We shall have the right, but not the obligation, to develop or have developed for us, or to designate: (a) computer software programs and accounting system software that you must use in connection with the Computer System (collectively, the "Required Software"), which you shall install; (b) updates, supplements, modifications, or enhancements to the Required Software, which you shall install; (c) the tangible media upon which you shall record data; and (d) the database file structure of your Computer System.
- 22.1.3 You shall make such upgrades and other changes to the Computer System and Required Software as we request in writing (collectively, "Computer Upgrades").
- 22.1.4 You shall comply with all specifications issued by us with respect to the Computer System and the Required Software, and with respect to Computer Upgrades. You shall also afford us unimpeded access to your Computer System and Required Software as we may request, in the manner, form, and at the times requested by us.
Source: Item 23 — RECEIPTS (FDD pages 53–204)
What This Means (2025 FDD)
Based on the 2025 Caring Senior Service Franchise Disclosure Document, the excerpts provided do not explicitly state whether the software license is transferable. However, the document does outline terms and conditions regarding computer systems and software that franchisees must adhere to.
The FDD states that Caring Senior Service has the right to specify or require certain brands, types, makes, and models of computer systems and hardware. They also have the right to develop or designate required software, including updates and modifications, that franchisees must use. Franchisees are obligated to make upgrades and changes to the computer systems and required software as requested by Caring Senior Service and must comply with all specifications issued by them.
While the FDD details Caring Senior Service's control over the software and computer systems used by franchisees, it does not address the transferability of the software license. A prospective franchisee should seek clarification from Caring Senior Service regarding the specific terms of the software license and whether it can be transferred under certain circumstances, such as the sale of the franchise.