What is the relationship between the addendum and the Franchise Agreement for Caring Transitions?
Caring_Transitions Franchise · 2025 FDDAnswer from 2025 FDD Document
l act as a release, estoppel or | | waiver of any claim or liability arising under the Maryland Franchise Registration and Disclosure | | Law. |
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CARING TRANSITIONS WINNER'S CIRCLE PROGRAM
Addendum to Franchise Agreement
This addendum is between C.T. FRANCHISING SYSTEMS, INC., an Ohio corporation ("Franchisor"), and the party or parties identified as "Franchisee" below.
PREAMBLE:
- A. Franchisor and Franchisee are parties to a "Franchise Agreement" under which Franchisor licensed Franchisee to operate a Caring Transitions franchised business (the "Franchised Business") using Franchisor's trademarks and unique business format.
- B. The parties desire to modify the Franchise Agreement as provided in this addendum.
THEREFORE, the parties hereby amend the Franchise Agreement as follows:
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- This addendum is an integral part of, and is incorporated into, the Franchise Agreement. Nevertheless, this addendum supersedes any inconsistent or conflicting provisions of the Franchise Agreement.
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- To make this addendum easier to read and understand, certain terms have been defined below and will be capitalized throughout the addendum. Capitalized terms that are not defined below may be defined in the section where they first appear. Capitalized terms used but not defined in this addendum are used as defined in the Franchise Agreement.
- (a) The "Commencement Date" is the first day of the first month following the month in which Franchisee or its Designated Individual completes the initial training program described in section 7.1 of the Franchise Agreement.
Source: Item 22 — CONTRACTS (FDD page 49)
What This Means (2025 FDD)
According to Caring Transitions' 2025 Franchise Disclosure Document, an addendum modifies the original Franchise Agreement. Specifically, the "Caring Transitions Winner's Circle Program Addendum" is designed to modify the existing agreement between C.T. Franchising Systems, Inc. and the franchisee. The preamble of the addendum explicitly states that both parties, franchisor and franchisee, are already parties to a Franchise Agreement, and they both desire to modify the original agreement through the addendum.
Additionally, the Illinois Addendum to the Franchise Agreement serves to amend the original agreement to ensure compliance with the Illinois Franchise Disclosure Act of 1987 and its associated rules and regulations. This addendum includes stipulations regarding termination and nonrenewal of the agreement, general releases, and the application of Illinois law, among other provisions.
Furthermore, in cases of inconsistency between the addendum and the Franchise Agreement, the terms of the addendum will take precedence. This ensures that the most current and relevant terms, especially those required by state laws, are upheld. The franchisee also acknowledges that statements made during the franchise relationship cannot waive rights under state franchise law.