Regarding the operation and management of a Brightstar Care agency, what ongoing responsibility must a franchisee maintain?
Brightstar_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
tions 680-695.
- The following language is added as Section 6.18 of the Franchise Agreement:
Franchisee's responsibilities under New York Law are in no way lessened by entering into the Franchise Agreement. Notwithstanding any provision to the contrary in the Franchise Agreement, Franchisee retains:
- (i) ongoing responsibility and full legal authority over the operation and management of the Agency;
- (ii) ongoing responsibility for compliance with all statutory and regulatory requirements;
- (iii) authority to hire or fire Agency staff;
- (iv) control of the Agency's books and records;
- (v) authority over the disposition of assets and the authority to incur liabilities on behalf of the Agency.
By entering into the Franchise Agreement, Franchisee has agreed to adopt and utilize the policies and procedures Franchisor has developed. Notwithstanding the foregoing, Franchisee retains the right and authority to adopt, amend, enforce, and implement policies and procedures regarding the operation of
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, franchisees in New York have specific ongoing responsibilities related to the operation and management of their agencies. Brightstar Care franchisees retain full legal authority over the operation and management of the agency. This means that despite adopting Brightstar Care's policies and procedures, the franchisee maintains ultimate control over day-to-day operations.
Furthermore, Brightstar Care franchisees are responsible for complying with all statutory and regulatory requirements. This includes ensuring that the agency adheres to all applicable laws and regulations related to home care services. The franchisee also has the authority to hire and fire agency staff, maintaining control over personnel decisions. Additionally, the franchisee controls the agency's books and records and has authority over the disposition of assets and the authority to incur liabilities on behalf of the agency.
Brightstar Care franchisees also retain the right to independently adopt, amend, enforce, and implement policies and procedures regarding the operation of the agency. This ensures the provision of quality home care services and compliance with all applicable statutes and regulations. These responsibilities cannot be lessened by entering into the Franchise Agreement.