For Brightstar Care disputes, what information must be included in both the Dispute Notice and the Response?
Brightstar_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
We and you will attempt to resolve any controversy, claim, or dispute arising out of or relating to this Agreement and involving you and us or any of your and our respective affiliates,
owners, officers, directors, employees, agents or representatives (a "Dispute") promptly by a meeting between senior executives of the respective organizations who have authority to settle the Dispute ("Senior Executives"). Either party may give the other written notice ("Dispute Notice") of any Dispute that has not been resolved in the ordinary course of business. Within 15 days after delivery of the Dispute Notice, the receiving party must give to the other a written response ("Response"). The Dispute Notice and the Response must include: (i) a statement describing the position of the party giving the Dispute Notice and the Response and a summary of arguments supporting such position, and (ii) the name of the Senior Executive and any other persons who will accompany the Senior Executive at the meeting at which the parties will attempt to resolve the Dispute.
Source: Item 22 — CONTRACTS (FDD pages 117–118)
What This Means (2025 FDD)
According to Brightstar Care's 2025 Franchise Disclosure Document, if a dispute arises between Brightstar Care and a franchisee, both the initial Dispute Notice and the subsequent Response must contain specific information. Each party must provide a statement detailing their position on the dispute, including a summary of the arguments supporting their stance. This ensures that both sides clearly articulate their understanding of the issue and the basis for their claims or defenses.
In addition to outlining their position and arguments, both the Dispute Notice and the Response must include the name of the Senior Executive who will represent the party in attempting to resolve the dispute. The notice must also list any other individuals who will accompany the Senior Executive to the meetings aimed at resolving the issue. This requirement ensures that each party designates a representative with sufficient authority to negotiate and potentially settle the dispute.
The process outlined in the FDD requires a structured approach to dispute resolution, starting with written notices and culminating in meetings between senior executives. This formal process aims to facilitate open communication and a clear understanding of each party's perspective, increasing the likelihood of reaching a mutually agreeable resolution. Franchisees should be aware of these requirements and prepared to follow them should a dispute arise with Brightstar Care.