factual

Does the Caring Transitions franchise agreement specify that provisions relating to arbitration survive termination?

Caring_Transitions Franchise · 2025 FDD

Answer from 2025 FDD Document

  • 18.9 Survival of Covenants. All provisions of this agreement which, by their terms, are intended to survive the termination or expiration of this agreement (such as, by way of illustration and not limitation, the provisions relating to confidential information, indemnification, post-termination competition, and the Marks), and all provisions hereof necessary to enforce and interpret such provisions (such as, by way of illustration and not limitation, the provisions relating to arbitration and injunctive relief), shall survive the termination, expiration or cancellation of this agreement or the franchise granted hereunder.

Source: Item 20 — OUTLETS AND FRANCHISEE INFORMATION (FDD pages 41–49)

What This Means (2025 FDD)

According to Caring Transitions' 2025 Franchise Disclosure Document, the franchise agreement states that provisions related to arbitration survive the termination or expiration of the agreement. Specifically, the agreement indicates that provisions intended to survive termination, such as those concerning confidential information, indemnification, post-termination competition, and the use of the Marks, will remain in effect after the agreement ends.

Furthermore, the Caring Transitions franchise agreement clarifies that provisions necessary to enforce and interpret the surviving clauses, including those pertaining to arbitration and injunctive relief, also continue to apply after termination, expiration, or cancellation of the agreement or the franchise. This ensures that any disputes arising from the franchise relationship, even after it has ended, can be resolved through arbitration as initially agreed upon.

This survival clause is a standard practice in franchising, designed to protect both the franchisor and franchisee by ensuring that certain obligations and rights continue even after the franchise relationship concludes. For a prospective Caring Transitions franchisee, this means that the agreement to arbitrate disputes remains in effect, potentially offering a more streamlined and cost-effective method of resolution compared to litigation, even after the franchise term.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.