What is the definition of 'Covered Person' in relation to the Caring Transitions non-compete agreement?
Caring_Transitions Franchise · 2025 FDDAnswer from 2025 FDD Document
Each Covenantor agrees that, so long as the Franchise Agreement is in effect, he or she shall not, either directly or indirectly, for him or herself or through, on behalf of, or in conjunction with, any other person (including a spouse, child, parent, or sibling of a Covenantor) (each of which is a "Covered Person" for purposes of this agreement):
Source: Item 23 — RECEIPT (FDD pages 49–202)
What This Means (2025 FDD)
According to Caring Transitions's 2025 Franchise Disclosure Document, a 'Covered Person' is defined within the context of the non-compete agreement as any other person (including a spouse, child, parent, or sibling of a Covenantor). This definition is relevant while the Franchise Agreement is in effect. The Covenantor agrees not to act directly or indirectly through or on behalf of a Covered Person.
This means that the restrictions placed on the franchisee (Covenantor) to prevent competition with Caring Transitions extend to close family members. The franchisee cannot use these individuals to circumvent the non-compete clauses in the agreement. This is a fairly standard practice in franchising to prevent franchisees from using family members or other close associates to operate a competing business.
Specifically, the Covenantor is prohibited from diverting business, assisting a competitive business, having an interest in a competitive business (unless authorized by another franchise agreement with Caring Transitions), promoting products or services within another franchisee's territory, or taking actions detrimental to the Caring Transitions Operating System, either directly or through a Covered Person. This broad definition aims to prevent any potential circumvention of the non-compete agreement through related parties.