What constitutes a 'transfer' of the Caring Transitions franchise by the franchisee?

Question

Accepted Answer

| Provision | Section in Franchise Agreement | Summary |
|---|---|---|
| u. Dispute resolution by arbitration or mediation | 16.2 | Except for certain claims, all disputes must be arbitrated in Hamilton County, Ohio (subject to state law); claims may not be consolidated with claims of other franchisees; parties waive right to jury trial and punitive damages; except for certain claims, all claims must be brought within 1 year, subject to state law. |
| v. Choice of forum | 18.4 | Except for claims arising under a franchise law of the state where the franchised business is located, all litigation or arbitration must be in Hamilton County, Ohio, subject to state law. |
| w. Choice of law | 18.3 Section in Franchise | Except for claims arising under a franchise law of the state where the franchised business is located, Ohio law applies, subject to state law. |
| Provision | Agreement | Summary |
| h. "Cause" defined - defaults which cannot be cured | 13.1, 13.2 | Non-curable defaults: failure to begin training within 90 days after franchise agreement signed, failure to complete training to our satisfaction, failure to open franchise within 90 days after you complete training, failure to maintain franchised business in continuous operation, certain assignments, abandonment, failure to comply with applicable law, unapproved transfers, misrepresentation, knowingly submitting false report or maintaining false books or records, knowing understatement of Gross Receipts, 3rd breach of any term(s), breach of §15.2, bankruptcy1 , seizure of or execution against your franchise, unsatisfied or unappealed judgment against franchisee, certain criminal misconduct, conduct which reflects negatively on the system, danger to public. |
| i. Your obligations on termination/nonrenewal | Article 14 | Stop operating franchise, stop using confidential information and trademarks, complete de-identification, return manuals, records, files, and materials containing marks, cancel assumed name registration, assign or cancel telephone number, obtain insurance tail coverage, pay outstanding amounts due and damages (also see r, below). |
| j. | 12.1 | No restriction on our right to assign. |
| Assignment of contract by us |  |  |
| k. | 12.2 | Includes transfer of contract or assets, ownership change, |
| "Transfer" by you – definition |  | and encumbrance. |
| l. | 12.2 | We have the right to approve all transfers but may not |
| Our approval of transfer by you |  | unreasonably withhold consent. |
| m. Conditions for our approval of transfer | 12.2 | All your financial obligations and transfer fee paid, new franchisee qualifies, you release claims (if permitted by state law), new franchisee signs current agreement and completes training (also see r, below). |
| n. | 12.4 | We can match any offer for your business.

Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 34–36)

What constitutes a 'transfer' of the Caring Transitions franchise by the franchisee?

Answer from 2025 FDD Document

What This Means (2025 FDD)

Provision	Section in Franchise Agreement	Summary
u. Dispute resolution by arbitration or mediation	16.2	Except for certain claims, all disputes must be arbitrated in Hamilton County, Ohio (subject to state law); claims may not be consolidated with claims of other franchisees; parties waive right to jury trial and punitive damages; except for certain claims, all claims must be brought within 1 year, subject to state law.
v. Choice of forum	18.4	Except for claims arising under a franchise law of the state where the franchised business is located, all litigation or arbitration must be in Hamilton County, Ohio, subject to state law.
w. Choice of law	18.3 Section in Franchise	Except for claims arising under a franchise law of the state where the franchised business is located, Ohio law applies, subject to state law.
Provision	Agreement	Summary
h. "Cause" defined - defaults which cannot be cured	13.1, 13.2	Non-curable defaults: failure to begin training within 90 days after franchise agreement signed, failure to complete training to our satisfaction, failure to open franchise within 90 days after you complete training, failure to maintain franchised business in continuous operation, certain assignments, abandonment, failure to comply with applicable law, unapproved transfers, misrepresentation, knowingly submitting false report or maintaining false books or records, knowing understatement of Gross Receipts, 3rd breach of any term(s), breach of §15.2, bankruptcy1 , seizure of or execution against your franchise, unsatisfied or unappealed judgment against franchisee, certain criminal misconduct, conduct which reflects negatively on the system, danger to public.
i. Your obligations on termination/nonrenewal	Article 14	Stop operating franchise, stop using confidential information and trademarks, complete de-identification, return manuals, records, files, and materials containing marks, cancel assumed name registration, assign or cancel telephone number, obtain insurance tail coverage, pay outstanding amounts due and damages (also see r, below).
j.	12.1	No restriction on our right to assign.
Assignment of contract by us
k.	12.2	Includes transfer of contract or assets, ownership change,
"Transfer" by you – definition		and encumbrance.
l.	12.2	We have the right to approve all transfers but may not
Our approval of transfer by you		unreasonably withhold consent.
m. Conditions for our approval of transfer	12.2	All your financial obligations and transfer fee paid, new franchisee qualifies, you release claims (if permitted by state law), new franchisee signs current agreement and completes training (also see r, below).
n.	12.4	We can match any offer for your business.