factual

Can Caring Transitions impose conditions and standards on a franchisee's use of electronic distribution channels?

Caring_Transitions Franchise · 2025 FDD

Answer from 2025 FDD Document

damages arising out of or related to the use or performance of any Web site.

  • (f) In order to maintain the goodwill in the System and in the business of Franchisor and Franchisor's licensees, Franchisor has the right to impose conditions and standards requirements on Franchisee's use of electronic distribution channels, including any Caring Transitions Web site maintained by Franchisee, including the following:

  • (i) Franchisor is to own all rights to all domain names containing any of the Marks or relating to the franchised business, any Permitted Products and Services, or any business that offers or sells products or services that compete with any products or services offered by Caring Transitions franchises. Franchisee shall not register in its own name any domain name containing any of the Marks or relating to the franchised business, any Permitted Products and Services, or any business that offers or sells products or services that compete with any products or services offered by Caring Transitions franchises.

  • (ii) In order to maintain the common identity of the System and the high-quality standards associated with the System, Franchisee shall obtain Franchisor's prior written approval for any domain name and for the form and content of any Caring Transitions Web site before Franchisee uses it on the Internet. Unless Franchisor's prior written approval has been obtained, no element of the Marks or similar words may be used as part of the domain name or URL.

  • (iii) Any Caring Transitions Web site established or maintained by Franchisee must contain a hyperlink to Franchisor's Web site and all other hyperlinks to third-party Web sites must be previously approved in writing by Franchisor.

  • (iv) Any modifications to a Caring Transitions Web site established or maintained by Franchisee must first be approved in writing by Franchisor.

  • (v) Before establishing a Caring Transitions Web site, Franchisee shall obtain appropriate legal advice regarding the content and to ensure that the Web site complies with all relevant legislation and regulations.

  • (vi) Franchisee shall fully indemnify Franchisor against all and any claims arising out of any Web site established or maintained by Franchisee.

  • (vii) Franchisee shall comply fully with the terms and conditions of business over the Internet and shall ensure that such terms and conditions of business receive Franchisor's prior written approval. "Terms and conditions of business over the Internet" include, by way of example, Franchisor's policies regarding the Buyer's Premium and its receipt of same. A "Buyer's Premium" is a payment that may be required of customers for purchasing items through any Web site, including Franchisor's designated auction Web site www.CTBids.com. Franchisor reserves the right to set a maximum or minimum Buyer's Premium.

  • (f) Franchisee shall not participate in or register with any Internet group, Web site or similar medium which has as its aim (whether stated or not) or its effect the denigration of Franchisor or the System.

  • (g) Franchisee shall not open an account or profile on a social media site relating to the franchised business or using any of the Marks without Franchisor's prior written consent, which may be given subject to conditions, which may include the grant to Franchisor of administrator rights, and subject to Franchisee's compliance with the provisions of the Manuals relating to social media sites.

  • (h) Franchisee shall not, without Franchisor's prior written consent, redirect Internet traffic from another domain name or URL to any Web site established by Franchisee or any other

Caring Transitions Web site containing any of the Marks or any content provided by Franchisor or relating to the franchised business.

  • (i) Franchisor may modify the provisions of this Section 11.9 as Franchisor determines necessary or appropriate for the best interests of the System.
  • 11.10. Copyright to Advertising.

Source: Item 20 — OUTLETS AND FRANCHISEE INFORMATION (FDD pages 41–49)

What This Means (2025 FDD)

According to Caring Transitions' 2025 Franchise Disclosure Document, Caring Transitions retains the right to impose conditions and standards on a franchisee's use of electronic distribution channels to maintain goodwill in the system. This includes any Caring Transitions website maintained by the franchisee.

Specifically, Caring Transitions owns all rights to domain names containing the Caring Transitions marks or relating to the franchised business. Franchisees cannot register domain names containing Caring Transitions' marks without permission. Franchisees must obtain Caring Transitions' prior written approval for any domain name and the form and content of any Caring Transitions website before it is used on the Internet. Any Caring Transitions website must contain a hyperlink to Caring Transitions' website, and all other hyperlinks to third-party websites must be approved in writing by Caring Transitions.

Furthermore, any modifications to a Caring Transitions website must be approved in writing by Caring Transitions. Franchisees must obtain legal advice to ensure their website complies with all relevant legislation and regulations and must fully indemnify Caring Transitions against any claims arising out of any website they establish or maintain. Franchisees must also comply with Caring Transitions' terms and conditions of business over the Internet, including policies regarding Buyer's Premium, and shall not participate in any online forum that denigrates Caring Transitions. Franchisees need written consent from Caring Transitions before opening an account or profile on a social media site relating to the franchised business.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.