Besides representatives necessary to operate the Agency, under what circumstances is a Brightstar Care franchisee permitted to disclose the terms of the franchise agreement?
Brightstar_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
You must at all times use best efforts to keep access to the Operations Manual and any other manuals, materials, goods and information we create and designate for confidential use within the BrightStar Care Agency Program as confidential and limit access to your employees on a need-to-know basis. Unauthorized use or disclosure of our confidential information or trade secrets will cause irreparable injury to us; damages are not an adequate remedy. You covenant not to disclose, use, permit the use of (except as may be required by applicable law or authorized by this Agreement), copy, duplicate, record, transfer, transmit, allow access to, or otherwise reproduce such information, in any form or by any means, in whole or in part, or otherwise make the same available to any unauthorized person or source.
Source: Item 22 — CONTRACTS (FDD pages 117–118)
What This Means (2025 FDD)
According to Brightstar Care's 2025 Franchise Disclosure Document, franchisees are restricted in their ability to disclose confidential information. Specifically, franchisees must use their best efforts to keep the Operations Manual and any other materials designated as confidential within the Brightstar Care Agency Program confidential, limiting access to employees on a need-to-know basis.
The FDD states that unauthorized use or disclosure of confidential information or trade secrets will cause irreparable injury to Brightstar Care, and that damages would not be an adequate remedy. Franchisees covenant not to disclose, use, permit the use of (except as may be required by applicable law or authorized by the Franchise Agreement), copy, duplicate, record, transfer, transmit, allow access to, or otherwise reproduce such information, in any form or by any means, in whole or in part, or otherwise make the same available to any unauthorized person or source.
This means a Brightstar Care franchisee can only disclose confidential information if required by law or authorized by the franchise agreement. This is a fairly standard clause in franchise agreements, intended to protect the franchisor's proprietary information and maintain consistency within the franchise system. A prospective franchisee should carefully consider the scope of these confidentiality obligations and how they might impact their ability to operate the franchise.