Does a Brightstar Care franchisee have the right to assign the Expansion Option Agreement?
Brightstar_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
ttached to this disclosure 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). |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 81–92)
What This Means (2025 FDD)
According to Brightstar Care's 2025 Franchise Disclosure Document, the Expansion Option Agreement can only be modified by a written agreement signed by both the franchisee and Brightstar Care. The document states that the terms of the Expansion Option Agreement are binding, and any representations or promises outside of the written agreements may not be enforceable.
This means that a Brightstar Care franchisee cannot unilaterally assign their Expansion Option Agreement to another party. Any transfer or assignment would require the explicit written consent of Brightstar Care. This protects Brightstar Care by ensuring they have control over who is granted additional franchise territories and that any potential assignee meets their standards.
This is a fairly standard practice in franchising, as franchisors typically want to maintain control over who operates under their brand. A prospective Brightstar Care franchisee should carefully consider this restriction and discuss with Brightstar Care under what circumstances they might approve an assignment of the Expansion Option Agreement.