Can Caring Transitions delegate its responsibilities and duties regarding advertising?
Caring_Transitions Franchise · 2025 FDDAnswer from 2025 FDD Document
o use and that have not been prepared or previously approved by Franchisor. Franchisee shall display the Marks in the manner prescribed by Franchisor on all signs and all other advertising and promotional materials used in connection with the franchised business. Franchisee specifically acknowledges and agrees that the word "advertising" as used in this agreement includes, but is not limited to, signs (including signs on motor vehicles and the interior and exterior of the Premises), URLs, e-mail addresses, Internet listings, banners, advertisements, or other services or links on or with the Internet, World Wide Web, Internet service providers, email services, communication providers, search engines, and similar services.
- 11.9. Web site. Franchisee specifically acknowledges and agrees that any Web site (as defined below) will be deemed "advertising" under this agreement, and will be subject to (among other things) Franchisor's approval under this Article 11. As used in this agreement, the term "Web site**"** means an interactive electronic document, series of symbols, or otherwise, that is contained in a network of
computers and/or other devices linked by communications software and includes, but is not limited to, social media pages and web logs. The term Web site includes, but is not limited to, Internet and World Wide Web home pages, social media pages, and web logs. In connection with any Web site, Franchisee agrees to the following:
- (a) Franchisor shall have the right, but not the obligation, to establish and maintain a Web site, which may, without limitation, promote the Marks, the System, any or all of the Permitted Products and Services, and/or the offer and sale of Caring Transitions franchises. Franchisee shall use all Web sites relating to the franchised business required by Franchisor. Franchisor shall have the sole right to control all aspects of the Web site, including, but not limited to, its design, content, functionality, links to the Web sites of third parties, legal notices, and policies and terms of usage. Franchisor shall also have the right to discontinue the operation of the Web site at any time in its business judgment.
- (b) Franchisee shall not directly or indirectly establish, maintain, or operate a separate Caring Transitions Web site without Franchisor's prior written consent. Any Caring Transitions Web site established, maintained, or operated by Franchisee must contain a link to and from Franchisor's Web site and Franchisor has the right to require modifications of the content, appearance, and format of Franchisee's Caring Transitions Web site. The term "Caring Transitions Web site" means a Web site that displays any of the Marks, or which relates to the franchised business, franchisor, the System, or any business that offers or sells products or services that compete with any products or services offered by Caring Transitions franchises.
- (c) Franchisee shall not, without Franchisor's prior written consent, establish or permit or aid any other person to establish any link to any Web site or any other electronic or computergenerated advertising or communication arrangement that Franchisor may establish or that is related to the franchised business.
- (d) Franchisor shall have the right, but not the obligation, to designate one or more Web page(s) to describe Franchisee, the franchised business, and/or Franchisee's location, with any such Web page(s) to be located within Franchisor's Web site, or to provide Franchisee with a separate Caring Transitions Web site or page(s) for such purposes. Franchisee shall comply with Franchisor's policies with respect to the creation, maintenance, and content of any such Web pages, and may be responsible for hosting such Web pages. Franchisor shall retain ownership in and have the right, in its business judgment, to limit, reassign, and/or discontinue the content and/or operation of such Web site and Web pages.
- (e) Franchisor makes no representations about any Web site that it may provide or make available to Franchisee, including, without limitation, the Web site's suitability, reliability, or availability. To the full extent permissible by applicable law, Franchisor disclaims all warranties and conditions with regard to the Web site, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, or warranties arising by course of dealing or custom of trade.
Source: Item 20 — OUTLETS AND FRANCHISEE INFORMATION (FDD pages 41–49)
What This Means (2025 FDD)
According to the 2025 Caring Transitions Franchise Disclosure Document, franchisees are responsible for adhering to advertising guidelines set by the franchisor. The franchisee must display Caring Transitions' trademarks on all advertising and promotional materials as prescribed by the franchisor. The definition of "advertising" is broad, encompassing signs, URLs, email addresses, internet listings, banners, and other online services. Any website is considered advertising and is subject to the franchisor's approval.
Caring Transitions retains significant control over advertising content and strategy. The franchisor has the right to establish and maintain a website, controlling all aspects of it, and can also designate web pages to describe the franchisee's business. Franchisees cannot establish a separate Caring Transitions website without prior written consent, and any franchisee-operated website must link to the franchisor's site. The franchisor can also require modifications to the franchisee's website content and appearance.
Franchisees must obtain written consent from Caring Transitions before redirecting internet traffic to their websites. Additionally, Caring Transitions may establish local or regional marketing and advertising cooperatives, requiring franchisee participation. All copyrights to advertising and marketing materials used by the franchisee, or bearing Caring Transitions' marks, become the franchisor's property. This includes materials developed by the franchisee, which Caring Transitions can use without compensating the franchisee. These stipulations ensure that Caring Transitions maintains brand consistency and quality control across all advertising channels.
During the first year of operation, a Caring Transitions franchisee must spend a minimum of $399 per month on local marketing. After the first year, this requirement shifts to a minimum of 4% of gross receipts annually. Franchisees must make these local marketing expenditures directly and provide itemized reports to the franchisor upon request. This financial commitment underscores the importance of local marketing efforts in promoting the Caring Transitions business within the franchisee's territory.