What happens if the Caring Transitions franchisee fails to contribute to the Funds?
Caring_Transitions Franchise · 2025 FDDAnswer from 2025 FDD Document
ceipts for the preceding month, or $350.00 per month, whichever is greater. All National Branding Fees shall be payable on or before the fifth day of each month. Franchisee is not obligated to pay the National Branding Fee until the fifth day of the second calendar month immediately following the month in which Franchisee or the Designated Individual completes the initial training program required by Section 7.1, unless: (1) Franchisee has operated a Caring Transitions franchise under another franchise agreement with an effective date at least six months earlier than the Effective Date of this Agreement; or (2) Franchisee acquired the Territory from another Caring Transitions franchisee. Franchisor reserves the right to increase the amount of the National Branding Fee at any time in its sole discretion. Any increase in the National Branding Fee shall be effective thirty days after Franchisee's receipt of written notice thereof.
- 5.3 Late Payment. Franchisee shall pay (to Franchisor or to the Fund, as the case may be) a late fee of $100.00 or 10% of the amount due, whichever is greater, on any payment (including, without limitation, amounts due for Royalties, National Branding Fees, or goods or services provided by the Fund, by Franchisor or any affiliate of Franchisor) that is not received by Franchisor within five days after the due date. Franchisee shall pay to Franchisor a late fee of $100 for any Revenue Report, tax return, or other Business Record that is not received by Franchisor within five days after the due date. Any payments that are not received by Franchisor within thirty days after its due date shall bear interest at the rate of 18% per annum, or the highest rate allowed by law, whichever is lower, from the date payment is due to the date payment is received by Franchisor, regardless of any subordinate agreement that may be in effect to postpone payment.
- 5.4 Gross Receipts. The term "Gross Receipts" means all receipts (cash, credit, and all other consideration) on a cash basis by Franchisee or any spouse or child of Franchisee or its principal or guarantor: (i) in connection in any way with the operation of the franchised business or any competing business or billed through the franchised business or any competing business; (ii) from the sale of any Permitted Products or Services (as modified from time-to-time by Franchisor in accordance with this Agreement) anywhere; or (iii) from the sale of any goods or services (whether or not permitted) under, using, or in connection with the Marks. "Gross Receipts" are determined prior to distributions to clients and do not include value-added, sales, use, excise, or other taxes that are separately stated and that Franchisee is required by law to collect and does collect from clients and pays to any governmental taxing authority. Franchisor reserves the right to require accrual accounting in determining Gross Revenues.
- 5.5 Taxes on Amounts Paid to Franchisor.
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 must adhere to payment schedules for fees, including National Branding Fees. These fees are due by the fifth day of each month. If a franchisee fails to make timely payments, Caring Transitions imposes specific penalties.
Specifically, if Caring Transitions does not receive a payment within five days of the due date, the franchisee will incur a late fee. This late fee is either $100.00 or 10% of the amount overdue, whichever is greater. Furthermore, any payments that remain unpaid 30 days after the due date accrue interest. The interest rate applied is 18% per annum, or the highest rate permitted by law, whichever is lower. This interest accrues from the original due date until Caring Transitions receives the payment.
In addition to National Branding Fees, Caring Transitions franchisees must spend a minimum amount on local marketing. During the first 12 months, this Minimum Local Marketing Amount is $399 per month. Starting in the thirteenth month, franchisees must spend at least 4% of their gross receipts on local marketing annually. If a franchisee fails to meet this minimum spending requirement, it constitutes a default of the Franchise Agreement. However, the franchisee has the right to cure this default by paying the difference between the Minimum Local Marketing Amount and their actual local marketing expenditures to the National Branding Fund within one month of receiving notice from Caring Transitions.