Is a Caring Transitions franchisee required to diligently promote the franchised business?
Caring_Transitions Franchise · 2025 FDDAnswer from 2025 FDD Document
o use and that have not been prepared or previously approved by Franchisor. Franchisee shall display the Marks in the manner prescribed by Franchisor on all signs and all other advertising and promotional materials used in connection with the franchised business. Franchisee specifically acknowledges and agrees that the word "advertising" as used in this agreement includes, but is not limited to, signs (including signs on motor vehicles and the interior and exterior of the Premises), URLs, e-mail addresses, Internet listings, banners, advertisements, or other services or links on or with the Internet, World Wide Web, Internet service providers, email services, communication providers, search engines, and similar services.
- 11.9. Web site. Franchisee specifically acknowledges and agrees that any Web site (as defined below) will be deemed "advertising" under this agreement, and will be subject to (among other things) Franchisor's approval under this Article 11. As used in this agreement, the term "Web site**"** means an interactive electronic document, series of symbols, or otherwise, that is contained in a network of
computers and/or other devices linked by communications software and includes, but is not limited to, social media pages and web logs. The term Web site includes, but is not limited to, Internet and World Wide Web home pages, social media pages, and web logs. In connection with any Web site, Franchisee agrees to the following:
- (a) Franchisor shall have the right, but not the obligation, to establish and maintain a Web site, which may, without limitation, promote the Marks, the System, any or all of the Permitted Products and Services, and/or the offer and sale of Caring Transitions franchises. Franchisee shall use all Web sites relating to the franchised business required by Franchisor. Franchisor shall have the sole right to control all aspects of the Web site, including, but not limited to, its design, content, functionality, links to the Web sites of third parties, legal notices, and policies and terms of usage. Franchisor shall also have the right to discontinue the operation of the Web site at any time in its business judgment.
- (b) Franchisee shall not directly or indirectly establish, maintain, or operate a separate Caring Transitions Web site without Franchisor's prior written consent. Any Caring Transitions Web site established, maintained, or operated by Franchisee must contain a link to and from Franchisor's Web site and Franchisor has the right to require modifications of the content, appearance, and format of Franchisee's Caring Transitions Web site. The term "Caring Transitions Web site" means a Web site that displays any of the Marks, or which relates to the franchised business, franchisor, the System, or any business that offers or sells products or services that compete with any products or services offered by Caring Transitions franchises.
- (c) Franchisee shall not, without Franchisor's prior written consent, establish or permit or aid any other person to establish any link to any Web site or any other electronic or computergenerated advertising or communication arrangement that Franchisor may establish or that is related to the franchised business.
- (d) Franchisor shall have the right, but not the obligation, to designate one or more Web page(s) to describe Franchisee, the franchised business, and/or Franchisee's location, with any such Web page(s) to be located within Franchisor's Web site, or to provide Franchisee with a separate Caring Transitions Web site or page(s) for such purposes.
Source: Item 20 — OUTLETS AND FRANCHISEE INFORMATION (FDD pages 41–49)
What This Means (2025 FDD)
According to the 2025 Caring Transitions Franchise Disclosure Document, franchisees are required to promote the business, including adhering to specific guidelines regarding advertising and website usage. Franchisees must display Caring Transitions' trademarks on all signs and promotional materials as prescribed by the franchisor. The definition of "advertising" is broad, encompassing signs, URLs, email addresses, internet listings, banners, and other online services. Franchisees must use websites related to the franchised business as required by Caring Transitions.
Caring Transitions retains significant control over the brand's online presence. While franchisees cannot independently establish a separate Caring Transitions website without prior written consent, the franchisor has the right to create and manage a website for the franchisee. This includes controlling the design, content, functionality, and links. The franchisor can also discontinue website operations at its discretion. Franchisees must also get approval from Caring Transitions regarding any advertising or promotional ideas related to the franchised business.
Caring Transitions may establish advertising cooperatives in areas with multiple franchises, and franchisees are required to participate in these cooperatives. Franchisees must take steps to establish and participate in a Cooperative if required by Caring Transitions. If a Cooperative already exists in the franchisee's area, they must immediately become a member. Franchisees will not be required to be a member of more than one Cooperative.