What is the initial step in resolving disputes with Brightstar Care?
Brightstar_Care Franchise · 2025 FDDAnswer from 2025 FDD 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). Any representations or promises outside of the Franchise Agreement or this Disclosure Document may not be enforceable. |
| u. Dispute resolution by arbitration or mediation | 15 14 of Expansion Option Agreement | Except for certain claims, all disputes must first be submitted to our senior executives for internal dispute resolution and, if not resolved, to a mediation hearing conducted according to the procedure stated in the Franchise Agreement. Mediation will be held at our offices. Disputes that cannot be resolved through mediationare resolved through arbitration. |
| v. Choice of forum | 15.7 14 of Expansion Option Agreement | All arbitration is to take place at a suitable location that is within 10 miles of where we have our principal business address when the arbitration demand is filed (currently Bannockburn, Illinois) (subject to state law). All litigation must be filed in the county and state where our headquarters is located at the time the action is filed (currently Lake County, Illinois) (subject to state law). |
| w. Choice of law | 22 14 of Expansion Option Agreement | Illinois law applies (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 initial step in resolving disputes, with some exceptions, involves submitting the dispute to the senior executives of Brightstar Care for internal dispute resolution. If the dispute remains unresolved at this stage, the next step is mediation. This mediation will be held at Brightstar Care's offices and conducted according to the procedure outlined in the Franchise Agreement.
This process means that franchisees are required to attempt to resolve issues internally with Brightstar Care before pursuing formal mediation or arbitration. This initial step is designed to facilitate open communication and potentially resolve disputes more efficiently and cost-effectively. By engaging senior executives early in the process, both parties have an opportunity to understand each other's perspectives and find common ground.
If internal dispute resolution and mediation are unsuccessful, the dispute will then be resolved through arbitration. The location for arbitration is set within 10 miles of Brightstar Care's principal business address, which is currently in Bannockburn, Illinois. Any litigation must be filed in the county and state where Brightstar Care's headquarters is located at the time of filing, which is currently Lake County, Illinois. Illinois law governs the Franchise Agreement, although state law may also apply.