Does the Caring Transitions franchise agreement disclaim representations made in the franchise disclosure document?
Caring_Transitions Franchise · 2025 FDDAnswer from 2025 FDD Document
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- FRANCHISOR MAKES NO REPRESENTATIONS ABOUT FRANCHISOR'S WEBSITE, INCLUDING, WITHOUT LIMITATION, THE WEBSITE'S SUITABILITY, RELIABILITY, OR AVAILABILITY. FRANCHISOR PROVIDES THE WEBSITE "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FRANCHISOR DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. FRANCHISOR MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING POTENTIAL CONSUMER TRANSACTIONS OR LEADS THAT MAY BE GENERATED FROM YOUR USE OF THE WEBSITE.
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- YOUR SOLE AND EXCLUSIVE REMEDY IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE IS TO DISCONTINUE USING THE WEBSITE. IN NO EVENT AND UNDER ANY CIRCUMSTANCES WHATSOEVER SHALL FRANCHISOR BE LIABLE FOR ANY DIRECT, INDIRECT, COMPENSATORY, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR THE WEB SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, MATERIALS, SOFTWARE, PRODUCTS, SERVICES OR GRAPHICS OBTAINED ON OR THROUGH THE WEBSITE, SECURITY BREACHES, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FRANCHISOR HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ALSO, AND IN PARTICULAR, IN NO EVENT SHALL FRANCHISOR BE HELD LIABLE FOR ANY DIRECT, INDIRECT, COMPENSATORY, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE INFORMATION PROVIDED ON OR THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE USE OF TECHNIQUES OR PROCEDURES DISCUSSED ON OR THROUGH THE WEBSITE.
Source: Item 20 — OUTLETS AND FRANCHISEE INFORMATION (FDD pages 41–49)
What This Means (2025 FDD)
Based on the 2025 Caring Transitions Franchise Disclosure Document, the franchise agreement includes disclaimers regarding representations about the franchisor's website. Specifically, Caring Transitions makes no representations about the suitability, reliability, or availability of its website. The website is provided "AS IS" without any warranty.
To the extent permitted by law, Caring Transitions disclaims all warranties and conditions related to the website, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. They also disclaim warranties arising from the course of dealing or trade customs. Caring Transitions makes no guarantees regarding potential consumer transactions or leads generated from the franchisee's use of the website.
The document states that a franchisee's sole remedy for dissatisfaction with the website is to discontinue its use. Caring Transitions will not be liable for any damages, including direct, indirect, compensatory, punitive, incidental, special, or consequential damages, arising from the use or performance of the website. This includes damages for loss of use, data, or profits, even if Caring Transitions has been advised of the possibility of such damages. This disclaimer extends to information provided on or through the website, including the use of techniques or procedures discussed there.
These disclaimers are common in franchise agreements to limit the franchisor's liability regarding online services and representations. Prospective Caring Transitions franchisees should carefully consider these limitations and understand that their success will depend on factors beyond the franchisor's website and online presence.