Regarding ownership interests for a Brightstar Care franchise, what must franchisees and their owners ensure about Exhibit D?
Brightstar_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
You represent that as of the execution of this Agreement your equity and voting control is owned as shown in Exhibit D. If you or any approved successor is a partnership, limited liability company, or privately-held corporation, you will submit to Franchisor prior to any proposed Transfer of an equity or voting interest, and at any other time upon request, a list of all owners reflecting their respective present and/or proposed direct or indirect interests in you in such form as we may require.
Source: Item 22 — CONTRACTS (FDD pages 117–118)
What This Means (2025 FDD)
According to Brightstar Care's 2025 Franchise Disclosure Document, franchisees must accurately represent their equity and voting control ownership in Exhibit D as of the execution of the Franchise Agreement. If the franchisee is a partnership, limited liability company, or privately-held corporation, they must submit a list of all owners, reflecting their direct or indirect interests, to Brightstar Care before any proposed transfer of equity or voting interest, or at any other time upon request. This list must be in a format required by Brightstar Care.
This requirement ensures that Brightstar Care is fully aware of the ownership structure of each franchise and any changes that may occur. This is a standard practice in franchising, as the franchisor needs to know who controls and benefits from the franchise operations. By maintaining transparency in ownership, Brightstar Care can assess the suitability of the franchise's leadership and ensure compliance with the franchise agreement.
For a prospective Brightstar Care franchisee, this means carefully documenting and disclosing all ownership interests from the outset. Any changes in ownership must be promptly reported to Brightstar Care for approval. Failure to comply with these requirements could potentially lead to a breach of the franchise agreement and possible termination of the franchise.