factual

How is a Brightstar Care franchisee permitted to use the "Copyrighted Materials"?

Brightstar_Care Franchise · 2025 FDD

Answer from 2025 FDD Document

he breach and notice of termination.

We claim a common law copyright in the information contained in the Franchise Agreement, Operations Manual, licensed copyrighted materials that we sublicense to you, and in all present or future advertising and promotional materials we create, all of which we collectively call the "Copyrighted Materials." You may use the Copyrighted Materials only to promote your Agency during the franchise term and only in the manner we authorize.

We consider all information in the Operations Manual to be proprietary and confidential and our trade secrets.

Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 77–79)

What This Means (2025 FDD)

According to Brightstar Care's 2025 Franchise Disclosure Document, franchisees are granted a limited license to use the "Copyrighted Materials". These materials, which include the Franchise Agreement, Operations Manual, licensed copyrighted materials sublicensed to the franchisee, and all present or future advertising and promotional materials created by Brightstar Care, can only be used to promote the franchisee's agency during the franchise term. This use must also be in a manner authorized by Brightstar Care.

Brightstar Care retains the right to modify, add to, or discontinue any of the Copyrighted Materials, and franchisees are obligated to conform to these changes at their own expense. Franchisees are prohibited from contesting Brightstar Care's ownership of the Copyrighted Materials, proprietary information, or trade secrets. Furthermore, franchisees must adhere to Brightstar Care's rules regarding the use of the Copyrighted Materials, including the use of special registration notices as designated by Brightstar Care.

This arrangement is typical in franchising, where the franchisor maintains strict control over its brand and marketing materials to ensure consistency and quality across all franchise locations. The franchisee's limited license to use the Copyrighted Materials is contingent upon remaining within the bounds set by Brightstar Care, and any unauthorized use could lead to a breach of the franchise agreement. Prospective franchisees should carefully review the Operations Manual and any other guidelines provided by Brightstar Care to fully understand the scope of permitted use and avoid potential conflicts.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.