How many days does a Brightstar Care franchisee have to comply with government regulations after receiving notification of non-compliance?
Brightstar_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
hours of operation at the Agency.
- 13.3.8 Failure to Personally Supervise Agency Operations or Employ Adequate Personnel. You fail to personally supervise the Agency's day-to-day operation for the first two years after the Opening Date, or through a branch manager/operations manager we approve after the first two years after the Opening Date.
- 13.3.9 Quality Control. You fail to maintain the strict quality controls reasonably required by this Agreement and/or the Operations Manual.
- 13.3.10 Licenses and Permits. You fail to procure or maintain any licenses, certifications, or permits necessary to operate the Agency.
- 13.3.11 Control Person. You do any of the following: (i) at any time during the Initial Term the Agency is not under the designated Control Person's direct supervision, (ii) you designate a replacement Control Person without our prior approval and first giving us notice of the change, or (iii) any replacement Control Person does not meet our then-current Control Person standards and requirements, including (1) living within a one-hour drive-time from the Protected Territory, or (2) being in the office, or at minimum in the Protected Territory, on a daily full-time basis.
- 13.3.12 Unauthorized Transfer. You or your owners make a Transfer in violation of Section 12.
- 13.3.13 Insurance. You fail to maintain insurance, to repay us for insurance we obtain for you, or otherwise to adhere to the requirements of Section 16.
- 13.3.14 Misuse of the Licensed Marks or Confidential Information. You or your owners materially violate any requirement regarding or misuse the Licensed Marks or Confidential Information.
- 13.3.15 Non-Use of Required Software and Systems. You fail to use all required software and systems in operating the Agency.
- 13.3.16 Personal Protective Equipment. You fail to provide the types and quantities of personal protective equipment we require for the field staff of BrightStar Care Agencies and to ensure such personal protective equipment is used in compliance with current clinical guidance (whether such guidance is originally issued by us as part of the BrightStar Care Agency program or by external authorities).
13.4 Termination by Us With Notice and 30 Days' Opportunity to Cure
We have the right to terminate this Agreement if any of the following defaults remains uncured after expiration of the 30-day cure period:
- 13.4.1 Failure to Comply with this Agreement or another franchise agreement between Us or any of Our Affiliates and You or any of Your Affiliates.
Source: Item 22 — CONTRACTS (FDD pages 117–118)
What This Means (2025 FDD)
According to Brightstar Care's 2025 Franchise Disclosure Document, a franchisee typically has 30 or 90 days to correct defaults after receiving notice, depending on the nature of the violation. Specifically, if a Brightstar Care franchisee fails to maintain the quality controls required by the agreement or operations manual, or fails to procure or maintain necessary licenses, certifications, or permits to operate the agency, they have 30 days to cure the issue after receiving notice from Brightstar Care.
However, a Brightstar Care franchisee has 90 days to cure certain other defaults. These include failing to hire and maintain a full-time, fully-trained salesperson or branch manager/operations manager (unless a waiver was approved), failing to fully train newly-hired agency personnel within 90 days of their hire date, failing to meet certain Net Promoter Score (NPS) or employee engagement score (eNPS) benchmarks, or failing to meet certain field staff retention benchmarks.
It is important to note that these cure periods are applicable only if Brightstar Care chooses to provide notice and an opportunity to cure. Brightstar Care retains the right to pursue interim remedies or immediate termination in certain situations, as detailed in the franchise agreement.