What agreement is being modified by the addendum mentioned in the Caring Transitions FDD?
Caring_Transitions Franchise · 2025 FDDAnswer from 2025 FDD Document
CARING TRANSITIONS WINNER'S CIRCLE PROGRAM
Addendum to Franchise Agreement
This addendum is between C.T. FRANCHISING SYSTEMS, INC., an Ohio corporation ("Franchisor"), and the party or parties identified as "Franchisee" below.
PREAMBLE:
- A. Franchisor and Franchisee are parties to a "Franchise Agreement" under which Franchisor licensed Franchisee to operate a Caring Transitions franchised business (the "Franchised Business") using Franchisor's trademarks and unique business format.
- B. The parties desire to modify the Franchise Agreement as provided in this addendum.
THEREFORE, the parties hereby amend the Franchise Agreement as follows:
THEREFORE, the parties hereby amend the Franchise Agreement as follows:
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- This addendum is an integral part of, and is incorporated into, the Franchise Agreement. Nevertheless, this addendum supersedes any inconsistent or conflicting provisions of the Franchise Agreement.
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- To make this addendum easier to read and understand, certain terms have been defined below and will be capitalized throughout the addendum. Capitalized terms that are not defined below may be defined in the section where they first appear. Capitalized terms used but not defined in this addendum are used as defined in the Franchise Agreement.
Source: Item 22 — CONTRACTS (FDD page 49)
What This Means (2025 FDD)
According to Caring Transitions' 2025 Franchise Disclosure Document, the addendum to the Franchise Agreement modifies the existing agreement between C.T. Franchising Systems, Inc. and the franchisee. Specifically, the addendum is related to the Caring Transitions Winner's Circle Program.
The document states that the franchisee and Caring Transitions are already parties to a 'Franchise Agreement,' which licenses the franchisee to operate a Caring Transitions franchised business using the company's trademarks and business format. The purpose of the addendum is to change certain aspects of this original Franchise Agreement.
This means that if a franchisee participates in the Winner's Circle Program, they will need to sign an addendum that alters the terms of their original Franchise Agreement. Franchisees should carefully review this addendum with legal counsel to understand how it changes their rights and obligations under the original agreement. The FDD also mentions that the addendum supersedes any inconsistent or conflicting provisions of the Franchise Agreement.