Does Brightstar Care acknowledge that franchise agreements with other franchisees may contain provisions that differ materially from the current agreement?
Brightstar_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
You acknowledge that currently-effective franchise agreements for BrightStar Agencies to which we are party with other franchisees contain, and franchise agreements we will sign in the future with new and existing franchisees of BrightStar Agencies will contain, provisions differing (in many cases materially) from those contained in this Agreement. Further, you agree that we may, due to local business conditions or otherwise, waive or modify comparable provisions of other franchise agreements granted to other BrightStar franchisees in a non-uniform manner, subject, however, to those provisions of this Agreement requiring us to act toward our franchisees and franchise owners on a reasonably nondiscriminatory basis.
Source: Item 22 — CONTRACTS (FDD pages 117–118)
What This Means (2025 FDD)
According to Brightstar Care's 2025 Franchise Disclosure Document, the franchise agreement that a franchisee signs may not be the same as agreements signed by other franchisees. Brightstar Care acknowledges that current and future franchise agreements may contain provisions that differ, sometimes materially, from the agreement a new franchisee is signing.
Brightstar Care also retains the right to modify or waive provisions in other franchisees' agreements based on local business conditions or other factors. However, Brightstar Care states that it will act toward its franchisees and franchise owners on a reasonably nondiscriminatory basis, although the term "reasonably nondiscriminatory basis" is not defined.
This clause indicates that franchisees should not assume all Brightstar Care franchise agreements are uniform. A prospective franchisee should consider this when evaluating the fairness of the agreement and understand that other franchisees may have different terms that could be more or less favorable. It is important to seek legal counsel to fully understand the implications of this non-uniformity and how it might affect their specific franchise.