Always Best Care Franchise

Financing Details

Always Best Care Senior Services does not offer any direct or indirect financing to its franchisees. Always Best Care Senior Services also does not guarantee any notes, leases, or other obligations that a franchisee might incur.

Litigation Summary

Always Best Care Senior Services has a history of legal matters, including six disclosed instances. In prior actions, Always Best Care Senior Services settled three arbitration proceedings with former Area Representatives between 2016 and 2017. These cases involved allegations of wrongful termination of agreements, failure to properly spend advertising funds, and inadequate training by Always Best Care Senior Services. Always Best Care Senior Services denied these claims, and the settlements ranged from $85,000 to $153,500, with one including ongoing royalty percentages for a period. Always Best Care Senior Services also faced two governmental actions. In 2012, it signed a Federal Trade Commission consent order regarding online representations about its knowledge of long-term care facilities. The FTC alleged misrepresentations about personal knowledge of facilities, and Always Best Care Senior Services agreed to substantiate such claims and maintain records. In 2010, the Maryland Securities Commissioner issued a consent order after Always Best Care Senior Services inadvertently sold franchises in Maryland before completing registration or providing a properly registered disclosure document. This resulted in an offer to rescind affected franchise agreements and a $35,000 administrative assessment. A recent franchisor-initiated lawsuit, "ABCSP, LLC v. David Beach, Natalia Beach, Ivashkina Ventures, Inc., Steven Stemple, and A1 Home Care, Inc.", was filed on July 25, 2023, in Indiana. This ongoing suit seeks to enjoin an unauthorized transfer.

Renewal Conditions

To renew their Always Best Care Senior Services franchise, franchisees must provide written notice of their election to renew between 10 and 14 months before their current agreement expires. They must be in full compliance with all provisions of their Franchise Agreement and any other agreements with Always Best Care Senior Services. Franchisees must also execute Always Best Care Senior Services's then-current form of Franchise Agreement (which may have materially different terms), pay a Subsequent Franchise Agreement Fee of $10,000, and meet or exceed the maximum Minimum Gross Sales level ($55,000 per month). Additionally, they must comply with Always Best Care Senior Services's current qualifications and training requirements and sign a general release of all claims against Always Best Care Senior Services and its representatives.

Staffing Notes

An Always Best Care Senior Services business requires a minimum of two full-time staff members. One must be a dedicated full-time marketing director focused on recruiting clients, working at least 40 hours per week. The other must be a full-time recruiting director, dedicating a minimum of 40 hours per week to recruiting, hiring, and scheduling caregivers. These two roles cannot be held by the same individual. If the franchisee does not personally oversee the business full-time, a trained manager must be appointed to directly supervise operations and devote their full business time and effort to the business. The franchisee (or principal owner) and one additional management-level person must complete an initial 6 to 7-week training program, which combines web-based modules, one week of classroom training at the franchisor's headquarters or a designated location, and two weeks of onsite activities with phone support. All subsequent managers must be approved by the franchisor and successfully complete its training program. The franchisor may also require managers and other key employees to sign non-compete and confidentiality agreements.