Can the Brightstar Care Franchise Agreement be modified orally?
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. |
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 Franchise Agreement and Expansion Option Agreement can only be modified through a written agreement signed by both the franchisee and Brightstar Care. However, Brightstar Care can modify or change the BrightStar Care Agency Program through changes in the Operations Manual, which the franchisee is then bound by.
This means that any verbal agreements or promises made outside of the written Franchise Agreement are not enforceable. This protects both the franchisee and Brightstar Care by ensuring that all modifications are documented and agreed upon in writing. Franchisees must be aware that changes to the Operations Manual can be implemented by Brightstar Care and that they are obligated to adhere to these changes.
This clause is typical in franchise agreements to provide clarity and prevent disputes based on undocumented understandings. Prospective franchisees should ensure they carefully review the entire written agreement and any related documents before signing, as these documents will be the sole basis for the franchise relationship. Franchisees should also pay close attention to any updates or changes to the Operations Manual, as these will also be binding.