What does the Caring Transitions FDD say about the relationship between the franchise questionnaires/acknowledgements and other terms in the franchise documents?

According to Caring Transitions' 2025 Franchise Disclosure Document, specifically concerning franchisees in New York, any statements, questionnaires, or acknowledgments signed by a franchisee at the start of their franchise relationship cannot waive claims under state franchise law, including claims related to fraud. Furthermore, these documents cannot disclaim reliance on statements made by Caring Transitions, its franchise sellers, or anyone acting on its behalf. This provision takes precedence over any conflicting terms in any document associated with the franchise agreement.

This means that even if a franchisee signs a document that appears to waive certain rights or acknowledge specific conditions, those waivers or acknowledgments are not valid if they conflict with the protections provided by New York franchise law. This is particularly important in cases of alleged fraud or misrepresentation by Caring Transitions during the franchise sales process. The franchisee retains the right to pursue claims based on these issues, regardless of what they may have signed in other documents.

This clause is designed to protect franchisees from unknowingly giving up their legal rights. It ensures that franchisees can rely on the information provided by Caring Transitions and that they have recourse if that information turns out to be false or misleading. Prospective franchisees in New York should be aware of this provision and understand that it provides an additional layer of protection under state law.