Where will arbitration take place for disputes with Brightstar Care?
Brightstar_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
| Provision | Section in franchise or other agreement | Summary |
|---|---|---|
| v. Choice of forum | 15.7 14 of Expansion Option Agreement | All arbitration is to take place at a suitable location that is within 10 miles of where we have our principal business address when the arbitration demand is filed (currently Bannockburn, Illinois) (subject to state law). All litigation must be filed in the county and state where our headquarters is located at the time the action is filed (currently Lake County, Illinois) (subject to state law). |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 81–92)
What This Means (2025 FDD)
According to Brightstar Care's 2025 Franchise Disclosure Document, arbitration typically takes place at a location within 10 miles of Brightstar Care's principal business address, which is currently in Bannockburn, Illinois. This is subject to state law. Therefore, a franchisee may be required to travel to the Bannockburn, Illinois area for arbitration proceedings.
However, there are exceptions for franchisees in certain states. For instance, the FDD states that for franchisees in North Dakota, arbitration proceedings will be held at a site agreed upon by both Brightstar Care and the franchisee, to the extent required by the North Dakota Franchise Investment Law, unless this requirement is preempted by the Federal Arbitration Act.
For franchisees in Minnesota, the FDD indicates that Minnesota Statute § 80C.21 and Minnesota Rule 2860.4400J prohibit Brightstar Care from requiring arbitration or litigation to be conducted outside of Minnesota. Therefore, it is important for prospective franchisees to understand the specific laws in their state regarding arbitration and dispute resolution, as these laws can override the standard terms outlined in the franchise agreement.