Who are the 'Telephone Companies' as defined in the Caring Senior Service Franchise Agreement?
Caring_Senior_Service Franchise · 2025 FDDAnswer from 2025 FDD Document
- 2.3.1 Direct the Telephone Companies to transfer all Franchisee's Interest in and to the Telephone Numbers and Listings to Franchisor;
- 2.3.2 Direct the Telephone Companies to terminate any or all of the Telephone Numbers and Listings; and
- 2.3.3 Execute the Telephone Companies' standard assignment forms or other documents in order to affect such transfer or termination of Franchisee's Interest.
- 2.4 Certification of Termination. Franchisee hereby directs the Telephone Companies that they shall accept, as conclusive proof of Termination of the Franchise Agreement, Franchisor's written statement, signed by an officer or agent of Franchisor, that the Franchise Agreement has terminated.
- 2.5 Cessation of Obligations. After the Telephone Companies have duly transferred all Franchisee's Interest in such Telephone Numbers and Listings to Franchisor, as between Franchisee and Franchisor, Franchisee will have no further Interest in, or obligations under, such Telephone Numbers and Listings. Notwithstanding the foregoing, Franchisee will remain liable to each and all of the Telephone Companies for the sums Franchisee is obligated to pay such Telephone Companies for obligations Franchisee incurred before the date Franchisor duly accepted the transfer of such Interest, or for any other obligations not subject to the Franchise Agreement or this Telephone Listing Agreement.
3. MISCELLANEOUS
- 3.1 Release.
Franchisee hereby releases, remises, acquits, and forever discharges each and all of the Telephone Companies and each and all of their parent corporations, subsidiaries, affiliates, directors, officers, stockholders, employees, and agents, and the successors and assigns of any of them, from any and all rights, demands, claims, damage, losses, costs, expenses, actions, and causes of action whatsoever, whether in tort or in contract, at law or in equity, known or unknown, contingent or fixed, suspected or unsuspected, arising out of, asserted in, assertable in, or in any way related to this Telephone Listing Agreement.
Source: Item 23 — RECEIPTS (FDD pages 53–204)
What This Means (2025 FDD)
According to the 2025 Caring Senior Service Franchise Agreement, the 'Telephone Companies' are not explicitly defined within the provided excerpts. However, the agreement does outline several responsibilities and interactions the franchisee and franchisor have with these companies.
The Franchise Agreement states that upon termination of the agreement, the franchisee must direct the Telephone Companies to transfer all interest in telephone numbers and listings to Caring Senior Service. The franchisee must also instruct the Telephone Companies to terminate any or all of the telephone numbers and listings and execute the Telephone Companies' standard assignment forms to facilitate the transfer or termination. Caring Senior Service can provide the Telephone Companies with a written statement as conclusive proof of the Franchise Agreement's termination.
Furthermore, the franchisee releases the Telephone Companies from any claims related to the Telephone Listing Agreement once the franchisee's interest in the telephone numbers and listings has been duly transferred to Caring Senior Service. The franchisee remains liable to the Telephone Companies for any outstanding payments or obligations incurred before the transfer date. While the term is used throughout the agreement, the document does not provide a formal definition of "Telephone Companies."