Who administers and maintains the Brightstar Care General Marketing Fund?
Brightstar_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
[Item 22: CONTRACTS]
8. ADVERTISING AND MARKETING
8.1 General Marketing Fund
We or our designee will create, administer, and maintain a general marketing fund ("General Marketing Fund").
We will use General Marketing Fund contributions to develop, produce, and distribute national, regional and/or local advertising and to create advertising materials and public relations programs which promote, in our sole judgment, the Licensed Marks, any other marks owned by us or our affiliates when the use of such other marks is associated with use of the Licensed Marks, and/or the products and services offered by System franchisees.
including, without limitation, market research, public relations, creating, preparing, and producing marketing materials, and collecting and accounting for General Marketing Fund contributions; reasonable salaries and benefits of personnel who manage and administer the General Marketing Fund; the General Marketing Fund's other administrative costs, including taxes we must pay on General Marketing Fund contributions we receive; travel expenses of personnel while they are on General Marketing Fund business; meeting costs; overhead relating to General Marketing Fund business; and franchisee conferences.
We have the sole right to determine contributions and expenditures from the General Marketing Fund, or any other advertising program, and sole authority to determine, without limitation, the selection of the advertising materials and programs; provided, however, that we will make a good faith effort to expend General Marketing Fund contributions in the System's general best interests on a national or regional basis.
Nevertheless, you acknowledge that not all System franchisees will benefit directly or on a pro rata basis from such expenditures.
Source: Item 22 — CONTRACTS (FDD pages 117–118)
What This Means (2025 FDD)
According to Brightstar Care's 2025 Franchise Disclosure Document, Brightstar Care or its designee will create, administer, and maintain the General Marketing Fund. The fund is used to develop, produce, and distribute advertising on national, regional, and local levels. It also covers the creation of advertising materials and public relations programs. These efforts are intended to promote the Licensed Marks and the products and services offered by Brightstar Care franchisees.
Brightstar Care has the right to use the General Marketing Fund to cover expenses related to directing the fund and its programs. These expenses include market research, public relations, creating marketing materials, and collecting contributions. The fund can also be used for salaries and benefits of personnel who manage the fund, administrative costs, taxes, travel expenses, meeting costs, overhead, and franchisee conferences.
Brightstar Care has the sole right to determine contributions to and expenditures from the General Marketing Fund. They also have the authority to select advertising materials and programs. However, Brightstar Care will make a good faith effort to expend contributions in the best interests of the Brightstar Care system on a national or regional basis. Franchisees should recognize that not all franchisees will directly benefit from these expenditures.