factual

Under what conditions can Caring Senior Service terminate the agreement for non-payment?

Caring_Senior_Service Franchise · 2025 FDD

Answer from 2025 FDD Document

y Franchisee.

    1. Termination. Franchisor may terminate this Development Addendum immediately on written notice to Franchisee: (a) on Franchisee's breach of the terms of this Addendum, if Franchisee has not cured the breach within five days of its receipt of written notice, (b) if Franchisee is in breach of any of its obligations under the terms of the Franchise Agreement beyond any applicable cure period; or (c) if Franchisor terminates the Franchise Agreement.
    1. Captions. The captions and headings in this Addendum are made for the purposes of convenience and general reference only and shall not be construed to define, limit, or otherwise affect any of the terms or provisions of this Addendum.
    1. Miscellaneous. This Addendum represents the fully integrated and complete agreement between the parties and supersedes all other negotiations, agreements, representations, and covenants, oral or written. All other provisions of the Franchise Agreement remain in full force and effect.

Source: Item 23 — RECEIPTS (FDD pages 53–204)

What This Means (2025 FDD)

Based on the 2025 Caring Senior Service Franchise Disclosure Document, the franchisor can terminate the Development Addendum immediately with written notice if the franchisee breaches the terms of the addendum and fails to cure the breach within five days of receiving written notice. This includes breaches related to monetary obligations.

Specifically, Caring Senior Service can terminate the Development Addendum if the franchisee is in default or has been in default during the 12-month period preceding the request for financial approval of any monetary obligations owed to any of the franchisee's vendors, Caring Senior Service, or its affiliates under the Franchise Agreement or any other agreement between the franchisee or its affiliates and Caring Senior Service or its affiliates. This condition is in place to ensure that each franchisee is financially sound, which Caring Senior Service considers vital to avoid failure of a franchised business and to protect the reputation and good name of the Caring Senior Service system.

This means a Caring Senior Service franchisee must maintain timely payments to all vendors and to the franchisor itself. Failure to do so, and failure to remedy the situation within the specified cure period, can lead to immediate termination of the Development Addendum. This provision highlights the importance Caring Senior Service places on the financial stability and responsibility of its franchisees.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.