If there are inconsistencies between the Brightstar Care Franchise Agreement and the Addendum, which terms will govern?
Brightstar_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Entire Agreement. 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 take precedence in the event of a conflict with the Franchise Agreement. This is explicitly stated in the section addressing the entire agreement between Brightstar Care and the franchisee.
This clause is significant for prospective Brightstar Care 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 override any conflicting terms in the standard Franchise Agreement. This ensures that any specific modifications or amendments agreed upon are legally binding and enforceable.
This type of clause is relatively common in franchising when addenda are used to modify the standard franchise agreement. It provides clarity and legal certainty, ensuring that both Brightstar Care and the franchisee understand which terms are controlling. Franchisees should carefully review both the Franchise Agreement and the Addendum to fully understand their rights and obligations, paying particular attention to any areas where the Addendum modifies the original agreement.