Does the Brightstar Care Franchise Disclosure Document contain the full Franchise Agreement and related agreements?
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. |
| t. Integration/ merger clause | 24 12 of Expansion Option Agreement | Only the terms of the Franchise Agreement and other related written agreements (including the Expansion Option Agreement) are binding (subject to state law). Any representations or promises outside of the Franchise Agreement or this Disclosure Document may not be enforceable. |
| u. Dispute resolution by arbitration or mediation | 15 14 of Expansion Option Agreement | Except for certain claims, all disputes must first be submitted to our senior executives for internal dispute resolution and, if not resolved, to a mediation hearing conducted according to the procedure stated in the Franchise Agreement. Mediation will be held at our offices. Disputes that cannot be resolved through mediationare resolved through arbitration. |
| v. Choice of forum | 15.7 14 of Expansion Option Agreement | All arbitration is to take place at a suitable location that is within 10 miles of where we have our principal business address when the arbitration demand is filed (currently Bannockburn, Illinois) (subject to state law). All litigation must be filed in the county and state where our headquarters is located at the time the action is filed (currently Lake County, Illinois) (subject to state law). |
| w. Choice of law | 22 14 of Expansion Option Agreement | Illinois law applies (subject to state law). |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 81–92)
What This Means (2025 FDD)
Based on the 2025 Brightstar Care Franchise Disclosure Document, Item 17 includes summaries and references to the Franchise Agreement and related agreements, such as the Standard Renewal Addendum and Expansion Option Agreement. Specifically, it mentions sections within these agreements that address topics like modification of the agreement, integration/merger clauses, dispute resolution, choice of forum, and choice of law.
Several addenda are incorporated into the Franchise Agreement, particularly for franchisees in states like Minnesota, Maryland, and New York, to ensure compliance with state-specific laws. These addenda modify certain sections of the Franchise Agreement, addressing aspects such as termination notice, releases, consent to jurisdiction, limitations of claims, governing law, and acknowledgments. For example, franchisees in Minnesota have specific rights and protections under Minnesota Statutes, Chapter 80C, which cannot be reduced or abrogated by the Franchise Agreement.
For prospective Brightstar Care franchisees, this means that the complete agreement consists of the main Franchise Agreement along with any state-specific addenda that apply to their location. It is crucial for franchisees to carefully review all these documents to understand their rights and obligations fully, especially concerning dispute resolution, termination, and compliance with local laws. The FDD also indicates that representations or promises outside of the written agreements may not be enforceable, emphasizing the importance of relying on the documented terms.