For a Brightstar Care franchise, who must be the Control Person during the first 2 years the Agency is open and operating?
Brightstar_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
The Agency must at all times be under your designated Control Person's direct supervision. You (or, if you are an entity, your owner) must be the Control Person during the first 2 years the Agency is open and operating under your ownership. You must seek our approval if you want your Control Person to be someone else during the franchise term. Your Control Person must meet our standards and requirements, including (1) living within one-hour drive-time of the territory, (2) being in the office, or at minimum in the Protected Territory, on a daily full-time basis, and (3) successfully completing our initial training program. If you own multiple protected territories, the Control Person must meet our standards and requirements, including (1) taking ownership of day-to-day operations and local management teams in the protected territories for which the individual is a Control Person, (2) being in one of the protected territories' offices (or at minimum in one of the protected territories) on a daily full-time basis, and (3) successfully completing our initial training program. Your "Control Person" is the individual who has the authority to actively direct the Agency's business affairs, is responsible for overseeing the Agency's general management, and has authority to sign all contracts. You must designate your Control Person on the Control Person Addendum attached to the Franchise Agreement as Exhibit K. You must submit a written request for permission to hire an operating manager to be your Control Person to allow you (or your owner) to step out of the day-to-day operations. You must give us advance written notice and obtain our approval before you change your designated Control Person. We must confirm that your proposed replacement Control Person meets our then-current Control Person standards and requirements. If your Agency performance fails to meet or exceed our standards, we may state that your Control Person no longer meets our standards and requirements.
Source: Item 15 — OBLIGATION TO PARTICIPATE IN THE ACTUAL OPERATION OF THE FRANCHISE BUSINESS (FDD pages 79–80)
What This Means (2025 FDD)
According to Brightstar Care's 2025 Franchise Disclosure Document, the franchisee (or, if the franchisee is an entity, the owner of the entity) must be the Control Person for the first two years that the Brightstar Care agency is open and operating. After this initial two-year period, the franchisee can request approval from Brightstar Care to designate someone else as the Control Person. Brightstar Care must approve this request.
The Control Person is defined as the individual who actively directs the agency's business affairs, oversees the agency's general management, and has the authority to sign all contracts. This individual must meet specific standards, including living within a one-hour drive of the territory, being present in the office or protected territory on a full-time daily basis, and successfully completing Brightstar Care's initial training program. If a franchisee owns multiple protected territories, the Control Person must take ownership of day-to-day operations and local management teams in those territories, be present in one of the protected territories' offices (or at minimum in one of the protected territories) on a daily full-time basis, and successfully complete the initial training program.
This requirement ensures that the franchisee is actively involved in the business during its critical early stages. It allows the franchisee to gain a thorough understanding of the operations and management of the Brightstar Care agency. The Control Person Addendum, attached as Exhibit K to the Franchise Agreement, is where the franchisee must designate their Control Person. Franchisees must also seek advance written approval from Brightstar Care before changing the designated Control Person, and Brightstar Care must confirm that the proposed replacement meets their standards and requirements. If the agency's performance does not meet Brightstar Care's standards, Brightstar Care may state that the current Control Person no longer meets their requirements.