What happens to the Caring Transitions data license when the franchise agreement terminates?
Caring_Transitions Franchise · 2025 FDDAnswer from 2025 FDD Document
services, communication providers, search engines or other similar services.
- (h) Delete all proprietary software and data relating to the franchised business from all computers owned or controlled by Franchisee or its employees.
- (i) Immediately pay all sums due and owing to Franchisor and provide Franchisor with a final accounting of Franchisee's Gross Receipts. Upon termination due to Franchisee's default, such sums will include actual damages, costs and expenses, and reasonable attorney fees incurred by Franchisor as a result of the default.
- (j) Take such action as may be necessary to cancel any fictitious or assumed name or equivalent registration that contains the trademark CARING TRANSITIONS or any of the other Marks, and furnish Franchisor with evidence satisfactory to Franchisor of compliance with this obligation within thirty (30) days after the termination or expiration of this agreement.
- (l) Cease to use all Supplier accounts established by Franchisor.
- 14.2 Power of Attorney. Franchisee does hereby irrevocably constitute and appoint Franchisor as the true and lawful attorney-in-fact and agent for Franchisee to carry out Franchisee's obligations under this Article 14.
Source: Item 20 — OUTLETS AND FRANCHISEE INFORMATION (FDD pages 41–49)
What This Means (2025 FDD)
According to Caring Transitions' 2025 Franchise Disclosure Document, upon termination of the franchise agreement, the franchisee must delete all proprietary software and data relating to the franchised business from all computers owned or controlled by the franchisee or its employees. This means the franchisee loses the right to use Caring Transitions' specific software and data systems. This is a standard practice in franchising, as it protects the franchisor's proprietary information and systems.
Additionally, Caring Transitions has the option to cancel or assign to themselves or their designee all of the franchisee's right, title, and interest in and to any and all telephone numbers of the franchisee's franchise and all related business listings, and websites, web pages, listings, banners, URLs, advertisements or any other services and links related to franchisee's business or use of Caring Transitions' trademarks, service marks or other logos, on or with the Internet, World Wide Web, Internet service providers, email services, communication providers, search engines or other similar services. This ensures that Caring Transitions maintains control over its brand and online presence, even after a franchise agreement ends.
To ensure compliance, the franchisee must also take action to cancel any fictitious or assumed name or equivalent registration that contains the trademark CARING TRANSITIONS or any of the other Marks, and furnish Caring Transitions with evidence satisfactory to Caring Transitions of compliance with this obligation within thirty (30) days after the termination or expiration of this agreement. The franchisee must also cease to use all Supplier accounts established by Caring Transitions. These measures collectively prevent the former franchisee from continuing to operate a similar business under the Caring Transitions brand or using its established resources and reputation.