Within what timeframe must claims be brought against Caring Transitions?
Caring_Transitions Franchise · 2025 FDDAnswer from 2025 FDD Document
| Provision | Section in Franchise Agreement | Summary |
|---|---|---|
| u. Dispute resolution by arbitration or mediation | 16.2 | Except for certain claims, all disputes must be arbitrated in Hamilton County, Ohio (subject to state law); claims may not be consolidated with claims of other franchisees; parties waive right to jury trial and punitive damages; except for certain claims, all claims must be brought within 1 year, subject to state law. |
| v. Choice of forum | 18.4 | Except for claims arising under a franchise law of the state where the franchised business is located, all litigation or arbitration must be in Hamilton County, Ohio, subject to state law. |
| w. Choice of law | 18.3 | Except for claims arising under a franchise law of the state where the franchised business is located, Ohio law applies, subject to state law. |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 34–36)
What This Means (2025 FDD)
According to Caring Transitions' 2025 Franchise Disclosure Document, franchisees have a limited time to bring claims against the franchisor. Specifically, except for certain claims, all claims must be brought within 1 year, subject to state law. This means that if a franchisee has a dispute with Caring Transitions, they generally have only one year to initiate arbitration proceedings.
This one-year limitation is a critical point for prospective franchisees. It is shorter than the statute of limitations for many types of legal claims, which can often be two years or longer. Franchisees need to be aware of this shortened timeframe and act quickly if they believe they have a claim against Caring Transitions. Failure to do so could result in the claim being time-barred, meaning the franchisee loses the right to pursue it.
It is important to note the exceptions to this rule. The FDD states the one-year limitation is "except for certain claims, subject to state law." The FDD does not define what these "certain claims" are, so prospective franchisees should seek clarification from Caring Transitions and legal counsel to understand what types of claims might fall outside this one-year window. Additionally, state law may provide for different limitations periods, so franchisees should consult with an attorney to determine the applicable statute of limitations in their specific jurisdiction.
Furthermore, the arbitration or litigation must occur in Hamilton County, Ohio, and Ohio law will govern the agreement, except for claims arising under a franchise law of the state where the franchised business is located. This means that franchisees may have to travel to Ohio to resolve disputes and will be subject to Ohio law, which may be different from the laws in their own state.