What is the current location of Brightstar Care's headquarters for the purpose of determining the venue for litigation?
Brightstar_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
| Provision | Section in franchise or other agreement | Summary |
|---|---|---|
| with your ownership, management, operation, maintenance of, engagement in, consulting with, or having any interest in any Competing Business. | ||
| s. Modification of agreement | 9 and 20.3 10 of Standard Renewal Addendum 12 of Expansion Option Agreement | The Franchise Agreement (and Expansion Option Agreement) may not be modified except by a written agreement that you and we sign. We can modify or change the BrightStar Care Agency Program through changes in the Operations Manual and you are bound by the same. |
| t. Integration/ merger clause | 24 12 of Expansion Option Agreement | Only the terms of the Franchise Agreement and other related written agreements (including the Expansion Option Agreement) are binding (subject to state law). Any representations or promises outside of the Franchise Agreement or this Disclosure Document may not be enforceable. |
| u. Dispute resolution by arbitration or mediation | 15 14 of Expansion Option Agreement | Except for certain claims, all disputes must first be submitted to our senior executives for internal dispute resolution and, if not resolved, to a mediation hearing conducted according to the procedure stated in the Franchise Agreement. Mediation will be held at our offices. Disputes that cannot be resolved through mediationare resolved through arbitration. |
| 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, the location for all litigation must be in the county and state where Brightstar Care's headquarters is located at the time the action is filed. Currently, Brightstar Care's headquarters is located in Lake County, Illinois.
This means that if a franchisee were to file a lawsuit against Brightstar Care, they would need to do so in Lake County, Illinois, regardless of where the franchisee's business is located. This clause dictates the legal venue, potentially increasing expenses for franchisees who do not reside near Lake County, Illinois, as they would need to travel and possibly hire local counsel.
Choice of forum clauses are standard in franchise agreements, as they provide the franchisor with a consistent and predictable legal environment. However, franchisees should be aware of this requirement and factor in the potential costs and inconveniences of litigating in a specific location when evaluating the franchise opportunity. Franchisees should consult with a legal professional to understand the implications of this clause fully.