What is the current location of Brightstar Care's principal business address for the purpose of determining the location for arbitration?
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 principal business address that will be used to determine the location for arbitration is currently in Bannockburn, Illinois. Specifically, any arbitration proceedings will take place at a location within 10 miles of Brightstar Care's principal business address when the arbitration demand is filed.
For a prospective franchisee, this means that if a dispute arises that leads to arbitration, they will likely need to travel to the Bannockburn, Illinois area for the proceedings. This could involve significant travel expenses and time, depending on where the franchisee's Brightstar Care agency is located. It is important to note that this is subject to state law, which may provide some protections or exceptions depending on the franchisee's location.
It's also worth noting that the FDD specifies that any litigation must be filed in the county and state where Brightstar Care's headquarters is located at the time the action is filed, which is currently Lake County, Illinois. This further emphasizes the importance of considering the potential costs and logistical challenges associated with dispute resolution, as both arbitration and litigation may require travel to Illinois. Franchisees should consult with a legal professional to understand how these provisions apply to their specific circumstances and location.