Does Brightstar Care's approval of a site constitute a warranty of the site's suitability for the Agency?
Brightstar_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Your failure to secure a site for the Agency within the time required in Paragraph 1 will constitute a default under the Agreement and this Site Selection Addendum. Time is of the essence.
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- Before you secure a site for the Agency, you must submit to us, in the form we specify, such information or materials we may reasonably require and a letter of intent or other evidence satisfactory to us confirming your favorable prospects for obtaining the proposed site. (For the avoidance of doubt, if an affiliate of yours intends to purchase and own the site from which you plan to operate the Agency, our approval rights described in this Paragraph 3 likewise apply to the site proposed for purchase by your affiliate. We must pre-approve that proposed site. You may not own the site from which you plan to operate the Agency. You must lease the site from a third party, whether or not affiliated with you.) Recognizing that time is of the essence, you must submit a proposed site to us, together with the information and materials required by this Paragraph 3, for our approval within one hundred fifty (150) days after execution of this Site Selection Addendum. We will have ten (10) days after receiving such information and materials from you to approve or disapprove the site as a location for the Agency. No proposed site will be deemed approved unless we have expressly approved it in writing.
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- We will grant you access to the Operations Manual, which outlines such site selection guidelines, consultation, and on-site evaluation we deem advisable as part of our evaluation of your request for site approval. We will not, however, provide on-site evaluation for any proposed site before we receive the information and materials required by Paragraph 3. If we deem on-site evaluation necessary and appropriate, we will conduct up to two (2) on-site evaluations at our cost. For each additional on-site evaluation (if any), you must reimburse our reasonable expenses, including, without limitation, the costs of travel, lodging, and meals.
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- You must send us the proposed lease for your site for our written approval before you sign it. (For the avoidance of doubt, if an affiliate of yours owns the premises (see Paragraph
Source: Item 23 — RECEIPTS (FDD pages 118–387)
What This Means (2025 FDD)
According to Brightstar Care's 2025 Franchise Disclosure Document, securing a site for the Agency requires the franchisee to submit information and materials to Brightstar Care for approval. The franchisee's failure to secure a site within the specified timeframe constitutes a default under the agreement. Brightstar Care has 10 days to approve or disapprove the proposed site after receiving the required information. No site is considered approved unless Brightstar Care expressly approves it in writing.
Brightstar Care will provide access to the Operations Manual, which includes site selection guidelines, consultation, and on-site evaluation. Brightstar Care may conduct up to two on-site evaluations at its own cost. The franchisee must reimburse Brightstar Care for any additional on-site evaluations. The franchisee must also submit the proposed lease for written approval before signing it.
The FDD does not explicitly state that Brightstar Care's approval of a site constitutes a warranty of the site's suitability for the Agency. It outlines the site selection process, the franchisee's responsibilities, and Brightstar Care's approval rights. However, it does not mention any warranty or guarantee regarding the site's suitability or success.
A prospective franchisee should clarify with Brightstar Care whether its site approval process includes any form of warranty or guarantee regarding the site's suitability for the Brightstar Care Agency. Understanding the extent of Brightstar Care's responsibility in ensuring the site's viability is crucial for making an informed investment decision.