What is the required action for a Caring Transitions franchisee to operate the franchised business?
Caring_Transitions Franchise · 2025 FDDAnswer from 2025 FDD Document
all System Standards as periodically modified.
- 7.3 Products and Services. Franchisee shall offer and sell all products and services, and only those products and services, authorized by Franchisor and specified in the Manual or as designated in writing by Franchisor ("Permitted Products and Services"). Franchisor may unilaterally add and delete products or services to or from the Permitted Products and Services at any time. Franchisor may also designate any products or services as optional for all or any subgroup of franchisees. Optional services currently include moving services. Before offering or selling any Permitted Products or Services, Franchisee shall comply with all appliable laws and other requirements and submit proof of compliance therewith to Franchisor.
- 7.4 Fixtures and Furnishings. Franchisee, at its own expense, shall purchase and install, the Communication and Information System as specified in Section 7.15 below, and all fixtures, furnishings, signs, and other equipment as may be specified by the System Standards from time to time; and shall not permit the installation of any fixtures, furnishings, signs, or other equipment not conforming to the System Standards.
- 7.5 Supplier Approval. Franchisor has the right to require Franchisee to purchase all goods and services used in the franchised business solely from suppliers designated by Franchisor, which may include Franchisor or an affiliate. Franchisor has the right to condition its approval of any supplier upon benefits to Franchisor and/or its affiliates based upon purchases by Caring Transitions franchisees. Franchisor and/or its affiliates may derive income or receive benefits as a result of Franchisee's and/or other Caring Transitions franchisees' purchase of items. Franchisor has the right to require Franchisee to purchase certain goods or services exclusively from one or more designated suppliers, or to purchase cooperatively with Franchisor or other Caring Transitions franchisees in order to maintain Franchisor's quality standards or to take advantage of price discounts, benefits or other sales incentives. Franchisor and/or its affiliates have the right to receive rebates, discounts, allowances, and other payments from suppliers in respect of group purchasing programs and otherwise on account of the suppliers' dealings with Franchisee and other Caring Transitions franchisees, which Franchisor is entitled to retain and use without restriction for any purpose and without accounting to Franchisee. Franchisor has the unlimited right to change and add designated suppliers and to change the list of goods and services required to be purchased from designated suppliers at any time.
- 7.6 Business Operation. Franchisee must open the franchised business within ninety (90) days after Franchisee or Franchisee's designee completes the initial training program required by Section 7.1 above. After opening, Franchisee shall maintain the franchised business in continuous operation during the term of this agreement. Franchisee shall not use or permit the use of the Premises on which the franchised business is located for any other purpose or activity other than the operation of the franchised business, without first obtaining the written consent of Franchisor (provided, however, that this restriction shall not apply to Franchisee's operation of a business under a license or franchise agreement with an affiliate of Franchisor, or if Franchisee's residence is the Premises). The franchised business must at all times be under the direct supervision of the Franchisee, or such person as has been approved in writing by Franchisor and has successfully completed Franchisor's initial training program and any other mandatory training programs, who must devote his full time, energy, and best
efforts to the operation of the franchised business. If Franchisee owns more than one franchised business, Franchisor may require that each franchised business have its own full-time manager. Franchisee must have a business development representative dedicated to marketing the franchised business.
- 7.7 Payment of Liabilities and Taxes. Franchisee shall pay its distributors, lessors, contractors, suppliers, trade creditors, employees, and other creditors promptly as the debts and obligations to such parties become due, and pay all taxes on real and personal property, leasehold improvements and fixtures and equipment, and all sales and use, income, payroll and other taxes promptly when due and hold Franchisor harmless therefrom.
Source: Item 20 — OUTLETS AND FRANCHISEE INFORMATION (FDD pages 41–49)
What This Means (2025 FDD)
According to Caring Transitions' 2025 Franchise Disclosure Document, franchisees must adhere to several requirements to operate their franchised business. Franchisees must offer and sell only the products and services authorized by Caring Transitions, as specified in the manual or designated in writing. These are referred to as "Permitted Products and Services." Caring Transitions retains the right to add or remove products and services from this list at any time and may designate certain offerings as optional for specific franchisee groups.
Caring Transitions franchisees must also comply with all applicable laws and provide proof of compliance before offering any approved products or services. Franchisees are responsible for purchasing and installing a Communication and Information System, along with all fixtures, furnishings, signs, and other equipment that meet the System Standards. They are prohibited from installing any items that do not conform to these standards.
Moreover, Caring Transitions has the authority to mandate that franchisees purchase goods and services exclusively from suppliers designated by the franchisor, which may include Caring Transitions itself or its affiliates. The franchisor can also condition supplier approval on benefits accruing to Caring Transitions or its affiliates based on franchisee purchases. Caring Transitions and its affiliates may receive income or benefits from these purchases, and the franchisor can change designated suppliers and required purchase items at any time. Franchisees must also comply with the System Standards, which are periodically modified and supplemented by Caring Transitions.