For a Caring Transitions franchise, does any statement signed by the franchisee in connection with the franchise relationship have the effect of disclaiming reliance on any statement made by Caring Transitions, any franchise seller, or any other person acting on their behalf?
Caring_Transitions Franchise · 2025 FDDAnswer from 2025 FDD Document
sets of non-owner spouses domiciled in community property states such as California.
Registration of this franchise does not constitute approval, recommendation, or endorsement by the Commissioner.
No disclaimer, questionnaire, clause, or statement signed by a franchisee in connection with the commencement of the franchise relationship shall be construed or interpreted as waiving any claim of fraud in the inducement, whether common law or statutory, or as disclaiming reliance on or the right to rely upon any statement made or information provided by any franchisor, broker or other person acting on behalf of the franchisor that was a material inducement to a franchisee's investment. Any statements or representations signed by a franchisee purporting to understand any fact or its legal effect shall be deemed made only based upon the franchisee's understanding of the law and facts as of the time of the franchisee's investment decision. This provision supersedes any other or inconsistent term of any document executed in connection with the franchise.
The following URL address is for the franchisor's website: www.caringtransitions.com
THE FRANCHISOR'S WEBSITE HAS NOT BEEN REVIEWED OR APPROVED BY THE CALIFORNIA DEPARTMENT OF FINANCIAL PROTECTION AND INNOVATION. ANY COMPLAINTS CONCERNING THE CONTENT OF THIS WEBSITE MAY BE DIRECTED TO THE CALIFORNIA DEPARTMENT OF FINANCIAL PROTECTION AND INNOVATION AT www.dfpi.ca.gov.
THE CALIFORNIA FRANCHISE INVESTMENT LAW REQUIRES THAT A COPY OF ALL PROPOSED AGREEMENTS RELATING TO THE SALE OF THE FRANCHISE BE DELIVERED TOGETHER WITH THE DISCLOSURE DOCUMENT.
CALIFORNIA ADDENDUM TO FRANCHISE AGREEMENT
The Franchise Agreement to which this addendum is attached is amended as follows to comply with the California Franchise Relations Act:
1.
Source: Item 22 — CONTRACTS (FDD page 49)
What This Means (2025 FDD)
According to Caring Transitions' 2025 Franchise Disclosure Document, several states have specific provisions to protect franchisees from unintentionally waiving rights or disclaiming reliance on franchisor statements. For instance, in New York, no statement signed by a franchisee can waive claims under state franchise law, including fraud in the inducement, or disclaim reliance on statements made by Caring Transitions or its representatives. This protection supersedes any conflicting terms in franchise documents. Similar stipulations are present in California and Washington.
Specifically, the California addendum ensures that no statement can be interpreted as waiving fraud claims or disclaiming reliance on information provided by Caring Transitions. The Washington addendum reinforces this by stating that any such provisions are void and unenforceable. These clauses aim to prevent franchisees from unknowingly relinquishing their legal rights based on statements or acknowledgments made during the franchise commencement.
These provisions are beneficial for prospective Caring Transitions franchisees as they provide legal safeguards against potential misrepresentations or overreaching by the franchisor. Franchisees should carefully review the franchise agreement and any state-specific addenda to fully understand their rights and protections. It is also advisable to consult with a franchise attorney to ensure full comprehension of the legal implications before signing any documents.