Does Caring Transitions have the obligation to establish and maintain a website?
Caring_Transitions Franchise · 2025 FDDAnswer from 2025 FDD Document
As used in this agreement, the term "Web site**"** means an interactive electronic document, series of symbols, or otherwise, that is contained in a network of computers and/or other devices linked by communications software and includes, but is not limited to, social media pages and web logs. The term Web site includes, but is not limited to, Internet and World Wide Web home pages, social media pages, and web logs. In connection with any Web site, Franchisee agrees to the following:
- (a) Franchisor shall have the right, but not the obligation, to establish and maintain a Web site, which may, without limitation, promote the Marks, the System, any or all of the Permitted Products and Services, and/or the offer and sale of Caring Transitions franchises.
Franchisee shall use all Web sites relating to the franchised business required by Franchisor.
Franchisor shall have the sole right to control all aspects of the Web site, including, but not limited to, its design, content, functionality, links to the Web sites of third parties, legal notices, and policies and terms of usage.
Franchisor shall also have the right to discontinue the operation of the Web site at any time in its business judgment.
- (b) Franchisee shall not directly or indirectly establish, maintain, or operate a separate Caring Transitions Web site without Franchisor's prior written consent.
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 does not have the obligation to establish and maintain a website. However, Caring Transitions has the right, but not the obligation, to establish and maintain a website, which may promote the Marks, the System, any or all of the Permitted Products and Services, and/or the offer and sale of Caring Transitions franchises.
The franchisee is required to use all websites relating to the franchised business required by Caring Transitions. Caring Transitions retains the sole right to control all aspects of the website, including design, content, functionality, links to third-party websites, legal notices, policies, and terms of usage. Caring Transitions also reserves the right to discontinue the website's operation at any time based on its business judgment.
The franchisee is prohibited from establishing, maintaining, or operating a separate Caring Transitions website without prior written consent from Caring Transitions. If a franchisee-operated website is permitted, it must link to Caring Transitions' website, and Caring Transitions has the right to require modifications to the content, appearance, and format of the franchisee's website. Any website is deemed "advertising" under the agreement and is subject to Caring Transitions' approval.