Is a Brightstar Care franchisee required to offer all goods and services that Brightstar Care prescribes for the franchise?
Brightstar_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
mises, commitments and understandings contained herein, we and you hereby agree as follows:
1. GRANT OF FRANCHISE
1.1 Grant
We hereby grant to you, upon the express terms and conditions contained in this Agreement, and you hereby accept, a franchise for the right to establish and operate one BrightStar Care Agency under the System and Licensed Marks identified below in the protected territory described in Exhibit A to this Agreement (the "Protected Territory"). We have the right to supplement, improve or otherwise modify the BrightStar System from time to time, and you agree to comply with all changes which may include, without limitation, the offer and sale of new or different products or services as we may specify and the acceptance of new sources of reimbursement as we may specify. You must offer and sell all products and services we require in the BrightStar System and may not offer or sell any unauthorized products or services.
1.2 Operation of Franchise Limited to Territory; Incidental Advertising
Referral sources are not exclusive, and you may call on referral sources outside your Protected Territory with prior notification in writing to the franchisee that owns the territory in which you will be marketing. All clients serviced must be in your Protected Territory and cannot be clients with service addresses, or services performed, in another protected territory held under a franchise agreement. You may not do staffing business outside your Protected Territory without our prior express written permission. In order to be granted the right to solicit or service clients outside the Protected Territory, you must meet the following conditions:
- (a) The area in which you wish to provide service to clients is not included in another franchisee's protected territory or in a territory currently served by an Agency owned by us or our affiliate.
Source: Item 16 — RESTRICTIONS ON WHAT THE FRANCHISEE MAY SELL (FDD pages 80–81)
What This Means (2025 FDD)
According to Brightstar Care's 2025 Franchise Disclosure Document, franchisees must offer and sell all products and services that Brightstar Care requires within the BrightStar System. The document states that Brightstar Care has the right to modify the BrightStar System, including the offer and sale of new or different products or services, and the acceptance of new sources of reimbursement.
Brightstar Care offers franchisees four primary revenue streams: Non-Medical (Companion) Caregiver in-home care services, Personal Care in-home care services, Medical Skilled Care in-home care services, and Supplemental Healthcare Staffing. As a new location, the training will emphasize Companion, Personal Care, and Skilled in-home care services as well as utilization of the BrightStar Care National Accounts Program. Franchisees will be offered supplemental training for Medical Skilled in-home care services (where allowed by state licensure laws) and Supplemental Healthcare Staffing.
However, not all Brightstar Care franchisees offer all four services. For example, some franchisees may not provide Medical Skilled Care in-home care services if state regulations prevent it or if Certificate of Need laws do not allow some or all medical skilled services. This suggests that while Brightstar Care may require franchisees to offer a certain range of services, the ability to provide all services may depend on local regulations and laws.