What happens if any specification, standard, or operating procedure prescribed by Caring Transitions is invalid or unenforceable under a jurisdiction's law?
Caring_Transitions Franchise · 2025 FDDAnswer from 2025 FDD Document
- (b) If any applicable and binding law or regulation of any jurisdiction requires a greater prior notice of the termination of or refusal to renew this agreement than is required hereunder, or the taking of some other action not required hereunder, or if under any applicable and binding law or regulation of any jurisdiction any provision of this agreement or any specification, standard, or operating procedure prescribed by Franchisor is invalid or unenforceable, then the prior notice and/or other action required
by such law or regulation shall be substituted for the comparable provisions hereof, and Franchisor shall have the unlimited right to modify such invalid or unenforceable provision, specification, standard, or operating procedure to the extent required to be valid and enforceable. Franchisor agrees to be bound by any promise or covenant imposing the maximum duty permitted by law that is subsumed within the terms of any provision hereof, as though it were separately articulated in and made a part of this agreement, that may result from striking from any of the provisions hereof, or from any specification, standard, or operating procedure prescribed by Franchisor, any portion or portions that a court may hold to be unreasonable and unenforceable in a final decision to which Franchisor is a party, or from reducing the scope of any promise or covenant to the extent required to comply with such a court order. Any such modifications to this agreement shall be effective only in such jurisdiction, unless Franchisor elects to give them greater applicability, and shall be enforced as originally made and entered into in all other jurisdictions.
Source: Item 20 — OUTLETS AND FRANCHISEE INFORMATION (FDD pages 41–49)
What This Means (2025 FDD)
According to Caring Transitions' 2025 Franchise Disclosure Document, if any law or regulation requires greater prior notice of termination or refusal to renew the agreement than what is stipulated in the agreement, or necessitates actions not covered in the agreement, then the requirements of that law or regulation will take precedence. Furthermore, if any specification, standard, or operating procedure dictated by Caring Transitions is deemed invalid or unenforceable under a jurisdiction's laws, Caring Transitions has the right to modify the provision to ensure it is valid and enforceable.
Caring Transitions also agrees to adhere to the maximum duty permitted by law within the terms of any provision. This may involve removing portions of the provision or any specification, standard, or operating procedure that a court deems unreasonable or unenforceable. It could also mean reducing the scope of any promise or covenant to comply with a court order.
Any modifications made to the agreement will only be effective in the specific jurisdiction where the issue arose, unless Caring Transitions decides to apply them more broadly. In all other jurisdictions, the original terms of the agreement will remain in effect. This ensures that the franchise agreement remains as consistent as possible across different locations, while also complying with local laws and regulations.