What is Brightstar Care's requirement regarding the operation and maintenance of the Agency?
Brightstar_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
hours of operation at the Agency.
- 13.3.8 Failure to Personally Supervise Agency Operations or Employ Adequate Personnel. You fail to personally supervise the Agency's day-to-day operation for the first two years after the Opening Date, or through a branch manager/operations manager we approve after the first two years after the Opening Date.
- 13.3.9 Quality Control. You fail to maintain the strict quality controls reasonably required by this Agreement and/or the Operations Manual.
- 13.3.10 Licenses and Permits. You fail to procure or maintain any licenses, certifications, or permits necessary to operate the Agency.
- 13.3.11 Control Person. You do any of the following: (i) at any time during the Initial Term the Agency is not under the designated Control Person's direct supervision, (ii) you designate a replacement Control Person without our prior approval and first giving us notice of the change, or (iii) any replacement Control Person does not meet our then-current Control Person standards and requirements, including (1) living within a one-hour drive-time from the Protected Territory, or (2) being in the office, or at minimum in the Protected Territory, on a daily full-time basis.
- 13.3.12 Unauthorized Transfer. You or your owners make a Transfer in violation of Section 12.
- 13.3.13 Insurance. You fail to maintain insurance, to repay us for insurance we obtain for you, or otherwise to adhere to the requirements of Section 16.
- 13.3.14 Misuse of the Licensed Marks or Confidential Information. You or your owners materially violate any requirement regarding or misuse the Licensed Marks or Confidential Information.
- 13.3.15 Non-Use of Required Software and Systems. You fail to use all required software and systems in operating the Agency.
- 13.3.16 Personal Protective Equipment. You fail to provide the types and quantities of personal protective equipment we require for the field staff of BrightStar Care Agencies and to ensure such personal protective equipment is used in compliance with current clinical guidance (whether such guidance is originally issued by us as part of the BrightStar Care Agency program or by external authorities).
Source: Item 22 — CONTRACTS (FDD pages 117–118)
What This Means (2025 FDD)
According to Brightstar Care's 2025 Franchise Disclosure Document, franchisees must adhere to specific requirements to maintain the quality and standards of their Brightstar Care Agency. Franchisees must maintain strict quality controls as reasonably required by the Franchise Agreement and the Operations Manual. They are also responsible for securing and maintaining all necessary licenses, certifications, and permits required to operate the Agency legally.
Brightstar Care requires that the Agency be under the direct supervision of a designated Control Person who meets specific standards, including living within a one-hour drive of the Protected Territory and being present in the office or Protected Territory on a full-time daily basis. Franchisees must also use all required software and systems in operating the Agency and provide the necessary personal protective equipment for field staff, ensuring its use complies with current clinical guidance.
Additionally, Brightstar Care mandates the maintenance of accurate and complete records, accounts, books, data, licenses, contracts, and supplier invoices, reflecting all details of the business for at least seven years, even after the agreement ends. Franchisees must also use best efforts to keep access to the Operations Manual and any other manuals, materials, goods and information created and designated for confidential use within the BrightStar Care Agency Program as confidential and limit access to their employees on a need-to-know basis. These measures ensure the integrity and consistency of the Brightstar Care brand and services.