Home Instead, Inc. is one of the largest and most established senior home care franchise systems in the world. Founded in 1994 and headquartered in Omaha, Nebraska, Home Instead provides non-medical home care services including companionship, personal care, and Alzheimer’s and dementia care. FDD Item 17 is where prospective and current franchisees learn what happens at the critical decision points of the franchise lifecycle: renewal, termination, transfer, and dispute resolution.

At Lopes Law LLC, we review Home Instead FDDs for prospective franchisees, and Item 17 requires particularly careful analysis for this system. Home Instead has a documented litigation history involving franchise disputes, including claims for trademark violations, trade secret misappropriation, and post-termination non-compete enforcement. Understanding your contractual rights and obligations before these situations arise is essential. This guide covers every critical provision.

What Does FDD Item 17 Require Franchisors to Disclose?

Item 17 of any Franchise Disclosure Document is required by the FTC Franchise Rule (16 C.F.R. Part 436). It must disclose the franchise agreement terms governing renewal, termination, transfer, and dispute resolution in a standardized format. For Home Instead, these provisions are especially important because senior care franchise relationships often involve long-term client relationships, licensed caregiver staff, and regulatory compliance obligations that complicate transitions.

What Are the Renewal Terms for a Home Instead Franchise?

Home Instead franchise agreements have defined initial terms. Renewal is subject to conditions that typically include good standing, signing the then-current agreement, paying a renewal fee, completing updated training, and maintaining all required state and local home care licenses. The requirement to sign the then-current franchise agreement means your renewed terms may differ from the original.

For senior care franchises, the renewal decision has an additional dimension: client continuity. If you do not renew, your existing clients need to transition to another provider. If you do renew on unfavorable terms, you may be locked into a fee structure or operational requirements that reduce your margins. At Lopes Law LLC, we advise clients to negotiate renewal protections during the initial franchise agreement whenever possible.

What Are the Grounds for Termination?

Home Instead’s franchise agreement specifies both curable and non-curable defaults.

For senior care franchises, the licensing trigger is particularly consequential. Home care agencies are regulated at the state level, and losing your license effectively shuts down operations immediately. If license loss constitutes a non-curable default under the franchise agreement, there may be no opportunity to remedy the situation.

What Are the Transfer Restrictions?

Transferring a Home Instead franchise involves unique considerations for the senior care industry. Beyond the standard franchisor consent, buyer qualification, training, and transfer fee requirements, senior care franchise transfers must address caregiver staff retention, client notification and continuity, regulatory transition (license transfer or new license application), and existing contracts with referral sources and healthcare providers.

If key caregivers leave during a franchise transfer, client satisfaction may decline and revenue may drop. If clients are not properly notified, they may transition to competing home care providers. These operational realities make the transfer process more complex than in many other franchise sectors.

Post-Termination Obligations

After termination, Home Instead franchisees face de-identification requirements, return of proprietary materials, non-compete restrictions, and payment of outstanding obligations. The non-compete provisions deserve particular scrutiny given Home Instead’s documented enforcement history. A non-compete that prevents you from operating a competing home care business in your market for two years can eliminate your ability to earn a living in the industry you know best.

For guidance on franchise exit planning, review our franchise agreement red flags guide. For help with franchise exit strategy, see our franchise exit audit service. For information on costs, read how much a franchise lawyer costs.

Frequently Asked Questions About Home Instead FDD Item 17

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Last updated: March 12, 2026