What is the process for a Brightstar Care franchisee to change the designated Control Person, and what approvals are required?
Brightstar_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
Your Control Person must meet our standards and requirements, including (1) living within one-hour drive-time of the Protected Territory, (2) being in the office, or at minimum in the Protected Territory, on a daily full-time basis, and (3) successfully completing our initial training program. If the Protected Territory is one of multiple protected territories you own, the Control Person must meet our standards and requirements, including (1) taking ownership of day-to-day operations and local management teams in the protected territories for which the individual is a Control Person, (2) being in one of the protected territories' offices (or at minimum in one of the protected territories) on a daily full-time basis, and (3) successfully completing our initial training program. Your Control Person is the individual who has the authority to actively direct your business affairs regarding the Agency, is responsible for overseeing the general management of the Agency, and has authority to sign all contracts. You must seek our approval if you want the Control Person to be someone other than you (or your owner) during the franchise term. Prior to there being any change to your designated Control Person, you must give us advance written notice and obtain our approval of this change, and we must confirm that your proposed replacement Control Person meets our then-current Control Person standards and requirements.
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- Default of the Agreement. You will be in default under the Franchise Agreement if any of the following occurs: (i) at any time during the Franchise Agreement's term, your Agency is not under the designated Control Person's direct supervision, (ii) you designate a replacement Control Person without first providing us with advance written notice of this change and we approve the change, or (iii) any replacement Control Person does not meet our then-current Control Person standards and requirements (referenced above). Upon any of these occurrences, we have the right, after giving you advance written notice of the default and a 15 day opportunity to cure the default, to terminate the Franchise Agreement.
Source: Item 23 — RECEIPTS (FDD pages 118–387)
What This Means (2025 FDD)
According to Brightstar Care's 2025 Franchise Disclosure Document, the Control Person plays a vital role in managing the Brightstar Care agency. This individual must meet specific standards, including living within a one-hour drive of the protected territory, being present in the office or territory daily on a full-time basis, and successfully completing the initial training program. If a franchisee owns multiple protected territories, the Control Person must take ownership of day-to-day operations and local management teams in those territories, be present in one of the offices or territories daily, and complete the initial training. The Control Person has the authority to direct the agency's business affairs, oversee general management, and sign contracts.
If a Brightstar Care franchisee wants someone other than themselves (or their owner) to be the Control Person, they must seek approval from Brightstar Care. The process requires the franchisee to provide advance written notice to Brightstar Care before any change is made. Brightstar Care must then approve the change and confirm that the proposed replacement meets the company's then-current standards and requirements for a Control Person.
Failure to adhere to these requirements can result in serious consequences for the Brightstar Care franchisee. According to the FDD, a franchisee will be in default of the Franchise Agreement if the agency is not under the direct supervision of the designated Control Person, if a replacement Control Person is designated without prior written notice and approval from Brightstar Care, or if the replacement Control Person does not meet Brightstar Care's standards. If any of these defaults occur, Brightstar Care has the right to terminate the Franchise Agreement after providing advance written notice of the default and allowing a 15-day period to correct the issue.