What is the 'Effective Date' referring to in the context of the Brightstar Care Addendum?
Brightstar_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
HOUT DURESS, AND ONLY AFTER CONSIDERATION OF THIS WAIVER'S RAMIFICATIONS.
PERSONAL GUARANTORS:
| | (signature) | | | (signature) | | |------|--------------------------|----------|------|--------------------------|----------| | | Print Name, Individually Address | | | Print Name, Individually Address | | | City | State Telephone | Zip Code | City | State Telephone | Zip Code |
EXHIBIT F
ADDENDUM TO FRANCHISE AGREEMENT
| This first addendum (the "Addendum") to the BrightStar Franchising, LLC Agency | ||
|---|---|---|
| Franchise Agreement is made and entered into as of | ||
| (the "Effective Date") | ||
| by and between BrightStar Franchising, LLC, an Illinois limited liability company with its | ||
| principal place of business at 2275 Half Day Road, Suite 210, Bannockburn, Illinois 60015 ("we," | ||
| "us," or "our"), and, with an address at | ||
| ("you" or "your"). All capitalized terms not defined in this Addendum have the meanings ascribed | ||
| to them in the Franchise Agreement (defined below). To the extent the terms of this Addendum | ||
| are inconsistent with any terms of the Franchise Agreement, the terms of this Addendum will | ||
| supersede and govern. | ||
| RECITALS | ||
| A. | ||
| On or about, the parties entered into a BrightStar Franchising, | ||
| LLC Agency Franchise Agreement (the "Franchise Agreement"), pursuant to which we granted | ||
| you | ||
| the | ||
| right | ||
| to | ||
| operate | ||
| a | ||
| BrightStar | ||
| Care | ||
| Agency | ||
| located | ||
| at | ||
| (the "Franchised Business"). | ||
| B. | ||
| On, we, you, and entered into an Assignment | ||
| and Consent Agreement pursuant to which you purchased the assets and right to operate the | ||
| Franchised Business. | ||
| C. | ||
| In accordance with the transfer conditions set forth in the Assignment and Consent | ||
| Agreement, the parties wish to amend the Franchise Agreement pursuant to the terms and | ||
| conditions set forth in this Addendum. | ||
| AGREEMENT | ||
| NOW THEREFORE, in consideration of the agreements, covenants, and promises contained in | ||
| this Addendum and for consideration, the receipt and sufficiency of which are hereby | ||
| acknowledged, the parties hereto agree as follows: | ||
| 1. | ||
| Section 1.5 Performance Standards. Section 1.5 of the Franchise Agreement is | ||
| deleted in its entirety and replaced with the following: |
[INSERT APPLICABLE PERFORMANCE STANDARDS]
-
- Entire Agreement. This Addendum constitutes the entire agreement between the parties with respect to the subject matter hereof. No amendment will be binding unless in writing and signed by a party against whom enforcement is sought.
-
- Counterparts. This Addendum may be executed in more than one counterpart, each of which will constitute an original copy.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have duly executed and delivered this Addendum the date and year first written above.
FRANCHISOR:
By: Name: Title: FRANCHISEE (YOU): By: Name: Title: By: Name: Title:
BRIGHTSTAR FRANCHISING, LLC
EXHIBIT G
ACKNOWLEDGMENT ADDENDUM TO BRIGHTSTAR FRANCHISING, LLC AGENCY FRANCHISE AGREEMENT
THIS DOCUMENT SHALL NOT BE SIGNED BY YOU, AND WILL NOT APPLY, IF THE OFFER OR SALE OF THE FRANCHISE IS SUBJECT TO THE STATE FRANCHISE REGISTRATION/DISCLOSURE LAWS IN THE STATES OF CALIFORNIA, HAWAII, ILLINOIS, INDIANA, MARYLAND, MICHIGAN, MINNESOTA, NEW YORK, NORTH DAKOTA, RHODE ISLAND, SOUTH DAKOTA, VIRGINIA, WASHINGTON, OR WISCONSIN.
As you know, you and we are entering into a Franchise Agreement for the operation of a BrightStar Care Agency Franchise. The purpose of this Acknowledgment Addendum is to determine whether any statements or promises were made to you that we have not authorized or that may be untrue, inaccurate or misleading, and to be certain that you understand the limitations on claims that may be made by you by reason of the offer and sale of the franchise and operation of your business. Please review each of the following questions carefully and provide honest responses to each question.
Acknowledgments and Representations.
| 1. | Did you receive a copy of our Disclosure Document (and all exhibits and attachments) at least fourteen calendar days prior to signing the Agreement? Check one: ( ) Yes ( ) No. If no, please comment: |
|---|---|
| 2. | Have you studied and carefully reviewed our Disclosure Document and Franchise Agreement? Check one: ( ) Yes ( ) No. If no, please comment: |
| 3. | Did you understand all the information contained in both the Disclosure Document and Franchise Agreement? Check one ( ) Yes ( ) No. If no, please comment: |
| 4. | Was any oral, written, or visual claim or representation made to you which contradicted the disclosures in the Disclosure Document? |
Source: Item 22 — CONTRACTS (FDD pages 117–118)
What This Means (2025 FDD)
According to Brightstar Care's 2025 Franchise Disclosure Document, the 'Effective Date' in the context of an addendum to the franchise agreement refers to different dates depending on the specific addendum. In one instance, the addendum to the BrightStar Franchising, LLC Agency Franchise Agreement is made and entered into as of the 'Execution Date'.
However, in another addendum, specifically when transferring an existing franchise, the 'Effective Date' marks the commencement of the 10-year term for the 2025 Franchise Agreement, beginning on the day of the agency's transfer. All references to the 'Effective Date' in the 2025 Franchise Agreement will align with this definition as outlined in the addendum.
Another instance of the 'Effective Date' refers to the Business Associate and Confidentiality Agreement, where it is defined as the 'Effective Date of the Franchise Agreement'.
Thus, the 'Effective Date' is a critical date that determines when certain contractual obligations and performance standards begin, and it can vary based on the specific circumstances addressed in each addendum.