Is a Brightstar Care franchisee allowed to explicitly direct advertising to clients outside their Protected Territory?
Brightstar_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
derived from business within your Protected Territory) plus (ii) National Accounts Net Billings derived from National Accounts business outside your Protected Territory.
- (c) You may not explicitly direct any advertising to clients outside the Protected Territory.
- (d) When the area is granted to another franchisee, you may, in our sole discretion, retain the existing clients being serviced in the area (excluding staffing contracts, which must be transferred to the new franchisee as soon as it is, in our opinion, operationally capable), as described in our then-current Cross-Territorial Policy as outlined in the Operations Manual.
Source: Item 22 — CONTRACTS (FDD pages 117–118)
What This Means (2025 FDD)
According to Brightstar Care's 2025 Franchise Disclosure Document, franchisees are generally restricted from explicitly directing advertising to clients outside of their designated Protected Territory. However, there are specific conditions under which a franchisee may solicit or service clients outside their Protected Territory.
Specifically, a Brightstar Care franchisee may call on referral sources outside their Protected Territory, but only after providing written notification to the franchisee who owns the territory where the marketing will occur. All clients serviced must be within the franchisee's Protected Territory, and the service addresses must not be in another franchisee's protected area. Furthermore, franchisees cannot conduct staffing business outside their Protected Territory without prior written permission from Brightstar Care.
To be granted the right to solicit or service clients outside the Protected Territory, a Brightstar Care franchisee must meet certain conditions. One of these conditions is that they may not explicitly direct any advertising to clients outside of their Protected Territory. Additionally, at least 75% of the franchisee's total Net Billings must come from business within their Protected Territory (including both non-National Accounts and National Accounts Net Billings) plus National Accounts Net Billings derived from business outside their Protected Territory. These restrictions are in place to protect the territorial rights of other franchisees and to ensure that each franchisee primarily focuses on developing their business within their assigned area.