What is the Brightstar Care assignee's obligation regarding training, and where is this training conducted?
Brightstar_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
its affiliates, its franchisees, employees, officers, agents, directors or suppliers, and 4) pay all outstanding invoices with Franchisor's preferred vendors and all outstanding creditors within 30 days after the Hard Closing Date.
- Consent to Assignment. Franchisor consents to the Assignment in accordance with the terms and conditions of this Agreement. Franchisor's consent to the Assignment will not result in any waiver of any rights or as a release under the Old Franchise Agreement or New Franchise Agreement and is not a consent to any additional or subsequent transfers or assignments.
Assignor and Assignee acknowledge that Franchisor's willingness to allow them to sell and acquire, respectively, the Franchised Business is conditioned on Assignee's agreement to comply fully with all operating and other requirements stated in the New Franchise Agreement and Franchisor's Operations Manual and, if the Franchised Business Agency was not in compliance with such requirements as of the Execution Date, to cure that non-compliance within a specified number of days following the Execution Date. Therefore, Assignee agrees to take all action necessary to ensure that the Franchised Business is in full compliance, specifically, with Franchisor's BrightStar Care Agency office requirements, key personnel hiring and full training requirements, and ABS conversion and usage requirements on or before [date]. Assignee's failure to comply fully with these three principal requirements on or before [date] will be deemed to be a default under the New Franchise Agreement.
14. Release and Settlement of Claims.
- A.
Source: Item 23 — RECEIPTS (FDD pages 118–387)
What This Means (2025 FDD)
According to the 2025 Brightstar Care Franchise Disclosure Document, if a franchisee is acquiring an existing Brightstar Care agency, the assignee must comply with all operating and other requirements stated in the New Franchise Agreement and Brightstar Care's Operations Manual.
Specifically, the assignee is required to ensure the Brightstar Care agency office meets the franchisor's requirements, that key personnel hiring and full training requirements are met, and that ABS conversion and usage requirements are satisfied by a specified date. Failure to comply with these requirements by the specified date will be considered a default under the New Franchise Agreement.
The FDD also states that the Control Person, the individual who directs the agency's business affairs, must successfully complete Brightstar Care's initial training program. The Control Person must also live within one hour of the Protected Territory and be in the office or Protected Territory on a full-time daily basis. If the Protected Territory is one of multiple protected territories the franchisee owns, the Control Person must take ownership of day-to-day operations and local management teams in those protected territories, and be in one of the protected territories' offices (or at minimum in one of the protected territories) on a daily full-time basis.