What disclaimer must a Brightstar Care franchisee include in employment-related materials when using Licensed Marks, and what topics does this disclaimer cover?
Brightstar_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
nate in writing at the Agency premises. We may remove your ability to use the logo and/or Licensed Marks on any applicant or employee facing communications, forms or advertisements by providing 30 days' advance written notice. To the extent you use, with our permission, any Licensed Mark in employment-related materials, you must include a clear disclaimer that you (and only you) are the employer of Agency employees and that we, as the franchisor of BrightStar Care Agencies, are not their employer and do not engage in any employertype activities for which only franchisees are responsible, such as employee selection, promotion, termination, hours worked, rates of pay, other benefits, work assigned, discipline, adjustment of grievances and complaints, and work
Source: Item 22 — CONTRACTS (FDD pages 117–118)
What This Means (2025 FDD)
According to Brightstar Care's 2025 Franchise Disclosure Document, when a franchisee uses any Licensed Mark in employment-related materials, they must include a clear disclaimer. This disclaimer must state that the franchisee is the employer of the agency's employees and that Brightstar Care, as the franchisor, is not the employer.
The disclaimer must also clarify that Brightstar Care does not engage in any employer-type activities for which only franchisees are responsible. These activities include employee selection, promotion, termination, determining hours worked, setting rates of pay, providing benefits, assigning work, handling discipline, adjusting grievances and complaints, and managing working conditions.
Furthermore, Brightstar Care franchisees must secure an acknowledgment from all agency employees, in a form specified or approved by Brightstar Care, confirming that the franchisee, and not Brightstar Care, is their employer. This requirement aims to ensure clarity and avoid any confusion regarding the employment relationship.