Does Caring Transitions make any representations about the suitability of a website it provides to the franchisee?
Caring_Transitions Franchise · 2025 FDDAnswer from 2025 FDD Document
- (e) Franchisor makes no representations about any Web site that it may provide or make available to Franchisee, including, without limitation, the Web site's suitability, reliability, or availability.
To the full extent permissible by applicable law, Franchisor disclaims all warranties and conditions with regard to the Web site, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, or warranties arising by course of dealing or custom of trade.
Franchisor shall not be liable for any direct, indirect, compensatory, punitive, incidental, special, or consequential damages arising out of or related to the use or performance of any Web site.
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 makes no representations about any website it may provide to the franchisee. This includes, without limitation, the website's suitability, reliability, or availability.
This means that as a franchisee, you cannot hold Caring Transitions liable if the website they provide does not meet your expectations or perform as needed. The company disclaims all warranties and conditions regarding the website, including implied warranties of merchantability and fitness for a particular purpose. This is a significant risk for franchisees who rely on the website for their business operations.
Caring Transitions also states that they will not be liable for any damages, whether direct, indirect, or consequential, arising from the use or performance of the website. This includes damages for loss of use, data, or profits. The franchisee's sole remedy if dissatisfied with the website is to discontinue using it.
This type of disclaimer is common in franchise agreements, as franchisors often want to limit their liability for technology-related issues. However, it places the burden on the franchisee to assess the website's suitability and reliability for their business needs. A prospective franchisee should carefully consider this disclaimer and potentially seek assurances or support from Caring Transitions regarding website functionality and performance.