What is the 'Franchise Agreement' date used for in the context of a Caring Transitions franchise?
Caring_Transitions Franchise · 2025 FDDAnswer from 2025 FDD Document
| C.T. FRANCHISING SYSTEMS, INC. ("we," "us," "our," or "Franchisor") and the undersigned franchise, ("you," "your," or "Franchisee"), currently are parties to a certain franchise agreement dated (the "Franchise Agreement") for the operation of a Caring Transitions franchised business designated Caring Transitions franchise no You have asked us to take the following action nor to agree to the following request: [insert as appropriate for renewal or transfer situation] |
|---|
| We have the right under the Franchise Agreement to obtain a general release from you (and, if |
| applicable, your owners) as a condition of taking this action or agreeing to this request. Therefore, |
| we are willing to take the action or agree to the request specified above if you (and if applicable, |
| your owners) give us the release and covenant not to sue provided below in this document. You |
| (and, if applicable, your owners) are willing to give us the release and covenant not to sue |
| provided below as partial consideration for our willingness to take the action nor agree to the |
| request described above. |
| Consistent with the previous introduction, you, on your own behalf and on behalf of your |
| successors, heirs, executors, administrators, personal representatives, agents, assigns, partners, |
| shareholders, members, directors, officers, principals, employees, and affiliated entities |
| (collectively, the "Releasing Parties"), hereby forever release and discharge us and our current |
| and former officers, directors, shareholders, principals, employees, agents, representatives, |
| affiliated entities, successors, and assigns (collectively, the "Franchisor Parties") from any and all |
| claims, damages (known and unknown), demands, causes of action, suits, duties, liabilities, and |
| agreements of any nature and kind (collectively, "Claims") that you and any of the other Releasing |
| Parties now have, ever had, or, but for this document, hereafter would or could have against any |
| of the Franchisor Parties (1) arising out of or related to the Franchisor Parties' performance of |
| their obligations under the Franchise Agreement before the date of your signature below or (2) |
| otherwise arising from or related to your and the other Releasing Parties' relationship, from the |
| beginning of time to the date of your signature below, with any of the Franchisor Parties. You, on |
| your own behalf and on behalf of the other Releasing Parties, further covenant not to sue any of |
| the Franchisor Parties on any of the Claims released by this paragraph and represent that you |
| have not assigned any of the Claims released by this paragraph to any individual or entity that is |
| not bound by this paragraph. |
| We also are entitled to a release and covenant not to sue from your owners. By his, her, |
| or their separate signature below, your transferring owners likewise grant to us the release and |
| covenant not to sue provided above. |
| *********************************** |
| Notwithstanding the above, nothing contained herein shall act as a release, estoppel or |
| waiver of any claim or liability arising under the Maryland Franchise Registration and Disclosure |
| Law. |
Source: Item 22 — CONTRACTS (FDD page 49)
What This Means (2025 FDD)
According to the 2025 Caring Transitions Franchise Disclosure Document, the 'Franchise Agreement' date is referenced in the context of amendments or modifications to the original agreement. Specifically, when Caring Transitions and a franchisee agree to modify the existing Franchise Agreement, the original agreement date is used to identify the specific agreement being amended. This ensures clarity and proper referencing when changes are made to the terms and conditions of the franchise relationship.
For a prospective Caring Transitions franchisee, this means that any addendums or modifications to their franchise agreement will explicitly reference the date of the original agreement. This is a standard legal practice to ensure that all parties are clear on which agreement is being changed. For instance, the 'Winner's Circle Program' is presented as an addendum to the Franchise Agreement, indicating that it modifies the original terms.
Furthermore, the Franchise Agreement date is relevant when a franchisee requests a specific action from Caring Transitions, such as a renewal or transfer. In such cases, Caring Transitions has the right to obtain a general release from the franchisee, and the Franchise Agreement date is used to define the period covered by the release, specifically addressing obligations before the date of the franchisee's signature. This ensures that all prior obligations under the Franchise Agreement are settled before the requested action is taken.
In essence, the Franchise Agreement date serves as a crucial reference point for any modifications, amendments, or releases related to the franchise relationship, providing a clear timeline and scope for the involved parties.