A46/100FDD 2025
Executive Home Care — Litigation & Risk
Health & Wellness - Senior Care · FDD Items 3, 4 & 5
Moderate — Review
3 cases disclosed in FDD Items 3 and 4.
Source: FDD Items 3–5
FDD Items 3 & 4
Litigation Metrics
Cases disclosed
3
Total from FDD Items 3 and 4
Bankruptcy (Item 4)
—
Franchisor or officer bankruptcy
Overall risk score
46 / 100
FranchiseVerdict composite
Rating
STRONG
STRONG / MODERATE / CAUTION / AVOID
FDD Items 5, 6 & 17 — what you give up
Contract Risk Indicators
Mandatory arbitration
Not required
You retain the right to sue in court
Jury trial waiver
Waived
You give up the right to a jury trial
Non-compete
2 yrs
Post-termination restriction on similar businesses
Franchisor can compete
Yes
Franchisor can open competing locations in or near your territory
Right of first refusal
Yes
Franchisor can match any purchase offer when you try to sell
Governing law
Arizona
State whose law governs disputes — relevant if you're not based there
What drove the 46/100 rating
Risk Score Breakdown
- 01MEDNo Item 19 (Average Net Income) disclosed — inability to validate the $1.37M average revenue translates to actual franchisee profit
- 02HIGHAggressive litigation history: franchisor sued former franchisees twice with counterclaims/arbitrations, plus affiliate unregistered sale settlement indicates compliance/governance issues
- 03MINORHigh royalty structure (6% minimum or percentage-based) on home care model with thin margins and high labor costs creates profitability squeeze
- 04MEDModest unit growth (16.7% YoY from only 21 units) suggests limited brand scale and traction in competitive home care sector
- 05HIGHNo going concern statement raises questions about franchisor financial stability and long-term support capability
- 06MED10-year term lock-in with protected territory provides limited exit flexibility if business underperforms
Severity inferred from FDD text — not a regulatory or legal classification
Litigation data from FDD Items 3, 4, and 5. SBA data from public 7(a) FOIA records (FY2020–present). Not legal advice — consult a franchise attorney before signing any franchise agreement.