If there is a conflict between the Brightstar Care Franchise Agreement and the Addendum, which terms control?
Brightstar_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
The Franchise Agreement and this Addendum constitute the entire, full, and complete agreement between the parties concerning the Agency. In the event of a conflict between the terms of the Franchise Agreement and the terms of this Addendum, the terms of this Addendum shall control. Except as amended hereby, all the other terms and conditions of the Franchise Agreement are ratified and confirmed.
Source: Item 23 — RECEIPTS (FDD pages 118–387)
What This Means (2025 FDD)
According to Brightstar Care's 2025 Franchise Disclosure Document, the terms of the Addendum will control in the event of a conflict with the Franchise Agreement. The Addendum and the Franchise Agreement constitute the entire agreement between the parties concerning the Brightstar Care agency. This prioritization of the Addendum is explicitly stated within the agreement.
This clause is important for prospective franchisees because it clarifies the hierarchy of the legal documents governing their franchise. Franchisees should pay close attention to the Addendum, as its terms will take precedence over the original Franchise Agreement in case of any inconsistencies. This could impact various aspects of the franchise operation, such as performance standards, territory rights, or financial obligations.
Brightstar Care franchisees should carefully review both the Franchise Agreement and any associated Addenda with their legal counsel to fully understand their rights and obligations. Understanding which document takes precedence in different situations can help avoid potential disputes and ensure smooth operation of the franchise.