Who has the authority to determine the selection of advertising materials and programs for Brightstar Care?
Brightstar_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
We may use the General Marketing Fund to satisfy any and all costs of maintaining, administering, directing, preparing, and producing advertising, including the cost of preparing and producing Internet (including by using social media platforms), television, radio, digital media, and print advertising campaigns; the cost of direct mail and outdoor billboard advertising; the cost of public relations activities and advertising agencies; the cost of developing and maintaining an Internet website or websites (including costs of developing, maintaining, and integrating portions of such websites related to franchisees' employee recruiting and retention); the cost of developing and maintaining a social media presence; the costs of developing and operating a call center; legislative expenses; and personnel and other departmental costs for advertising that we internally administer or prepare.
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 has the sole authority to determine the selection of advertising materials and programs. This authority extends to contributions and expenditures from the General Marketing Fund or any other advertising program. However, Brightstar Care 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.
This means that while franchisees contribute to the General Marketing Fund, Brightstar Care ultimately decides how those funds are spent on advertising and marketing initiatives. These initiatives are intended to benefit the entire Brightstar Care system, but the FDD acknowledges that not all franchisees may directly benefit from every expenditure.
Brightstar Care may use the General Marketing Fund for various advertising costs, including internet, television, radio, digital media, print advertising campaigns, direct mail, outdoor billboard advertising, public relations activities, advertising agencies, website development and maintenance, social media presence, call center operations, legislative expenses, and personnel costs for advertising. This broad discretion allows Brightstar Care to adapt marketing strategies as needed, but it also means franchisees have limited control over how their marketing contributions are used.