factual

Regarding employment matters, what responsibilities does Brightstar Care expressly disavow for a franchisee's employees?

Brightstar_Care Franchise · 2025 FDD

Answer from 2025 FDD Document

We do not share or codetermine the employment terms and conditions of the Agency's employees and do not affect matters relating to the employment relationship between you and the Agency's employees, such as employee selection, promotion, termination, hours worked, rates of pay, other benefits, work assigned, discipline, adjustment of grievances and complaints, and working conditions. To that end, you must notify Agency personnel that you are their employer and that we, as the franchisor of BrightStar Agencies, and our affiliates are not their employer and do not engage in any employer-type activities for which only franchisees are responsible, such as employee selection, promotion, termination, hours worked, rates of pay, other benefits, work assigned, discipline, adjustment of grievances and complaints, and working conditions. We do not reserve the right and expressly disavow any right or ability to control those employment and personnel matters or your employees (including the

Source: Item 22 — CONTRACTS (FDD pages 117–118)

What This Means (2025 FDD)

According to Brightstar Care's 2025 Franchise Disclosure Document, Brightstar Care does not share or co-determine the employment terms and conditions of a franchisee's employees. Brightstar Care also does not affect employment-related matters between the franchisee and their employees. These matters include employee selection, promotion, termination, hours worked, rates of pay, other benefits, work assigned, discipline, adjustment of grievances and complaints, and working conditions. Brightstar Care also disavows any right or ability to control these employment and personnel matters or the franchisee's employees.

This means that as a Brightstar Care franchisee, you have sole responsibility and authority for your labor relations and employment practices. You are in charge of all decisions related to your employees, including hiring, firing, promotions, and compensation. Brightstar Care, as the franchisor, maintains a hands-off approach to these aspects of your business, except to protect the quality of their services or brand.

To ensure clarity, Brightstar Care requires franchisees to notify their agency personnel that the franchisee is their employer, and that Brightstar Care, as the franchisor, is not their employer. Franchisees must also obtain an acknowledgment from all agency employees confirming that the franchisee (and not Brightstar Care) is their employer. This helps to avoid any confusion about who is responsible for employment-related matters and ensures that the franchisee is fully accountable for their employees.

Brightstar Care may remove the franchisee's ability to use the logo and/or Licensed Marks on any applicant or employee facing communications, forms or advertisements by providing 30 days' advance written notice. If the franchisee uses any Licensed Mark in employment-related materials with Brightstar Care's permission, the franchisee must include a clear disclaimer that the franchisee (and only the franchisee) is the employer of Agency employees and that Brightstar Care, as the franchisor of BrightStar Care Agencies, is not their employer and does not engage in any employer-type activities for which only franchisees are responsible, such as employee selection, promotion, termination, hours worked, rates of pay, other benefits, work assigned, discipline, adjustment of grievances and complaints, and working conditions.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.