factual

Can Brightstar Care request a sample of an item a franchisee wishes to purchase from an unapproved supplier?

Brightstar_Care Franchise · 2025 FDD

Answer from 2025 FDD Document

  • 6.8.2 Except for those instances where we have designated a single source as noted in Section 6.8.1, if you wish to purchase any unapproved item and/or acquire approved items from an unapproved supplier, you must provide us the name, address and telephone number of the proposed supplier, a description of the item you wish to purchase, and purchase price of the item, if known. At our request, you must provide us, for testing purposes, a sample of the item you wish to purchase. Nothing in the foregoing will be construed to require us to approve any particular supplier. We may base our approval on considerations relating not only directly to the item or supplier itself, but also indirectly to the uniformity, efficiency, and quality of operation we deem necessary or desirable in our System as a whole. Nothing requires us to approve an unreasonable number of suppliers for a given item, which approval might, in our judgment, result in higher costs or prevent the effective or economical supervision of approved suppliers. We may revoke our approval of particular products or suppliers when we determine that such products or suppliers no longer meet our standards. Upon receiving written notice of such revocation, you must cease purchasing products from such supplier. You must use products purchased from approved suppliers solely in connection with operating your Agency and not for any competitive business purpose.

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

What This Means (2025 FDD)

According to Brightstar Care's 2025 Franchise Disclosure Document, if a franchisee wishes to purchase an unapproved item or acquire approved items from an unapproved supplier, they must provide Brightstar Care with specific information about the proposed supplier and the item. This includes the supplier's name, address, and telephone number, a description of the item, and its purchase price, if known.

Furthermore, Brightstar Care has the right to request a sample of the item for testing purposes. This allows Brightstar Care to evaluate the item's suitability and ensure it meets their standards before granting approval. However, the FDD clarifies that Brightstar Care is not obligated to approve any particular supplier.

Brightstar Care may base its approval not only on the item or supplier itself but also on considerations related to the uniformity, efficiency, and quality of operation within the Brightstar Care system. This ensures that all products and suppliers align with the brand's overall standards and operational needs. Brightstar Care is also not required to approve an unreasonable number of suppliers for a given item if it could lead to higher costs or prevent effective supervision of approved suppliers. Brightstar Care also retains the right to revoke approval of products or suppliers if they no longer meet the required standards, and franchisees must cease purchasing from such suppliers upon written notice.

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.