What is the Brightstar Care franchisee's obligation regarding ideas, concepts, techniques, or materials relating to the Athena Business System (ABS)?
Brightstar_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
- 1.8.3 All ideas, concepts, techniques or materials relating to the ABS, whether or not constituting protectable intellectual property, and whether created by or on behalf of you or your owners, will be promptly disclosed to us and deemed to be our sole and exclusive property and part of the BrightStar Care Agency Program pursuant to Section 6.17 below.
Source: Item 22 — CONTRACTS (FDD pages 117–118)
What This Means (2025 FDD)
According to Brightstar Care's 2025 Franchise Disclosure Document, any ideas, concepts, techniques, or materials related to the Athena Business System (ABS), whether or not they are considered protectable intellectual property, and regardless of who creates them (the franchisee or someone on their behalf), must be promptly disclosed to Brightstar Care. These contributions are deemed the sole and exclusive property of Brightstar Care and become part of the Brightstar Care Agency Program.
This means that if a Brightstar Care franchisee develops a new feature, improvement, or method related to the ABS, they are obligated to inform Brightstar Care about it. This requirement ensures that Brightstar Care maintains control and ownership over the ABS, which is a critical component of the Brightstar Care system.
For a prospective franchisee, this clause highlights that while they are granted a license to use the ABS, they do not own it or any improvements they might make to it. Any innovation or enhancement related to the ABS automatically becomes the property of Brightstar Care. This is a fairly standard practice in franchising, where the franchisor seeks to maintain uniformity and control over the brand's core systems and intellectual property. Franchisees should be aware that they will not receive any proprietary rights or financial compensation for improvements they make to the ABS.