What is the Caring Transitions Franchisor's responsibility regarding the administration of the Funds?
Caring_Transitions Franchise · 2025 FDDAnswer from 2025 FDD Document
- (a) The Funds are intended to maximize general public recognition and acceptance of the Marks for the benefit of all franchises within the System or within a region, as the case may be.
Franchisor is not obligated in administering the Funds to make expenditures for Franchisee that are equivalent or proportionate to Franchisee's contribution, to ensure that any particular Franchisee benefits directly or pro rata from the placement of advertising, or to spend equal or pro rata amounts on each Caring Transitions franchisee.
(b) The Funds, all contributions thereto, and any earnings thereon, shall be used exclusively to meet any and all costs of maintaining, administering, researching, directing and preparing advertising and/or promotional activities, developing new public relations campaigns and new advertising, promotional and marketing materials for the System and for franchisees in the System.
(c) Franchisor shall, for each of its company-owned locations (if any), contribute to the Funds on the same basis as assessments required of comparable franchisees within the System.
(d) Franchisee shall contribute to the national Fund by electronic funds transfer payable to "Caring Transitions National Branding Fund" or such other designation as Franchisor may from time to time prescribe.
All sums paid by Franchisee to the Funds shall be maintained in an account separate from the other moneys of Franchisor.
Franchisee contributions may not be used to defray any of Franchisor's operating expenses, except for such reasonable salaries, overhead, and administrative, accounting, legal (including, without limitation, the defense of any claims against Franchisor and/or Franchisor's designee regarding the management of the Funds) and other costs, if any, as Franchisor may incur in activities reasonably related to the administration or direction of the Funds or advertising programs for Caring Transitions franchisees, including the costs of enforcing contributions to the Funds required under this agreement and the costs of preparing a statement of operations.
The Funds and all earnings thereof shall not otherwise inure to the benefit of Franchisor.
- (e) It is anticipated that all franchisee contributions to and earnings of the Funds will be spent for advertising and/or promotional purposes during the taxable year within which the contributions are made.
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 Funds are intended to maximize general public recognition and acceptance of the Marks for the benefit of all franchises within the System or within a region. Caring Transitions is not obligated to make expenditures for a franchisee that are equivalent or proportionate to the franchisee's contribution, ensure that any particular franchisee benefits directly or pro rata from the placement of advertising, or spend equal or pro rata amounts on each Caring Transitions franchisee.
The Funds, all contributions thereto, and any earnings thereon, shall be used exclusively to meet any and all costs of maintaining, administering, researching, directing and preparing advertising and/or promotional activities, developing new public relations campaigns and new advertising, promotional and marketing materials for the System and for franchisees in the System. Caring Transitions is required to contribute to the Funds on the same basis as assessments required of comparable franchisees within the System for each of its company-owned locations, if any. Franchisees must contribute to the national Fund by electronic funds transfer payable to "Caring Transitions National Branding Fund" or such other designation as Caring Transitions may from time to time prescribe.
All sums paid by the franchisee to the Funds shall be maintained in an account separate from the other moneys of Caring Transitions. Franchisee contributions may not be used to defray any of Caring Transitions' operating expenses, except for reasonable salaries, overhead, and administrative, accounting, legal (including the defense of any claims against Caring Transitions and/or Caring Transitions' designee regarding the management of the Funds) and other costs, if any, as Caring Transitions may incur in activities reasonably related to the administration or direction of the Funds or advertising programs for Caring Transitions franchisees, including the costs of enforcing contributions to the Funds required under this agreement and the costs of preparing a statement of operations. The Funds and all earnings thereof shall not otherwise inure to the benefit of Caring Transitions.
It is anticipated that all franchisee contributions to and earnings of the Funds will be spent for advertising and/or promotional purposes during the taxable year within which the contributions are made. This means that Caring Transitions has significant discretion in how the funds are spent, but with the general intention of benefiting the franchise system as a whole through advertising and promotion.