What does each Principal irrevocably constitute and appoint Franchisor as for the Caring Transitions franchise?
Caring_Transitions Franchise · 2025 FDDAnswer from 2025 FDD Document
- and unique business format. D. The Principals' use of Franchisor's Marks under the Franchise Agreement is conditioned upon, among other things, the execution of this Power of Attorney by all the Principals.
- E. Each of the Principals acknowledges that Franchisor has the right and the obligation to control the use of its trademarks, and that the purpose of this Power of Attorney is to protect Franchisor's rights in its Marks.
THEREFORE, to induce Franchisor's execution of the Franchise Agreement and as additional consideration for the rights granted to the Principals thereunder, each Principal does hereby irrevocably constitute and appoint Franchisor as its true and lawful attorney-in-fact and agent, in the Principal's individual name, place and stead, to do or cause to be done all things, and to execute, acknowledge, certify, deliver, accept, record and file all agreements, certificates, instruments and documents, as may be necessary or advisable for the purpose of transferring to Franchisor, or to any person or entity designated by Franchisor in its sole and unfettered discretion, all of the Principal's rights and interest in, title to, and control over:
Source: Item 23 — RECEIPT (FDD pages 49–202)
What This Means (2025 FDD)
According to Caring Transitions' 2025 Franchise Disclosure Document, each Principal irrevocably appoints the Franchisor as their attorney-in-fact and agent. This grants Caring Transitions the authority to act on the Principal's behalf to transfer rights and interests related to the franchise. This includes executing agreements, certificates, instruments, and documents necessary for transferring the Principal's rights and control over specific assets to Caring Transitions or their designee. These assets include telephone numbers used for the franchise, business listings, websites, social media pages, domain names, and any online postings referencing Caring Transitions' trademarks or linking to their websites.
This appointment empowers Caring Transitions to manage the Principal's online presence and branding associated with the franchise. They can transfer, modify, cancel, or remove services, listings, links, registrations, or postings. Additionally, Caring Transitions can execute transfer agreements and documentation required by service providers, such as telephone and internet companies, and regulatory agencies. This ensures that Caring Transitions maintains control over the brand's representation and online assets.
Furthermore, Caring Transitions has the authority to cancel or remove any trade name, assumed name, or trademark registration filed by the Principal if it includes the Caring Transitions name or trademarks. They can execute cancellation or modification requests required by state or county offices. Caring Transitions is also granted the power to perform any actions deemed necessary to fulfill the purposes of this Power of Attorney. This includes actions the Principal could otherwise perform themselves, with all actions ratified and affirmed by the Principal.
During the Power of Attorney term, those dealing with Caring Transitions are not required to verify the Franchisor's authority or oversee the application of funds or property. This Power of Attorney is intended to protect Caring Transitions' trademark rights and is a condition of the Franchise Agreement. The Principal acknowledges that Caring Transitions has the right and obligation to control the use of its trademarks.