What rights does Brightstar Care (or its designee) have regarding the premises under the Site Selection Addendum?
Brightstar_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Your failure to secure a site for the Agency within the time required in Paragraph 1 will constitute a default under the Agreement and this Site Selection Addendum. Time is of the essence.
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- Before you secure a site for the Agency, you must submit to us, in the form we specify, such information or materials we may reasonably require and a letter of intent or other evidence satisfactory to us confirming your favorable prospects for obtaining the proposed site. (For the avoidance of doubt, if an affiliate of yours intends to purchase and own the site from which you plan to operate the Agency, our approval rights described in this Paragraph 3 likewise apply to the site proposed for purchase by your affiliate. We must pre-approve that proposed site. You may not own the site from which you plan to operate the Agency. You must lease the site from a third party, whether or not affiliated with you.) Recognizing that time is of the essence, you must submit a proposed site to us, together with the information and materials required by this Paragraph 3, for our approval within one hundred fifty (150) days after execution of this Site Selection Addendum. We will have ten (10) days after receiving such information and materials from you to approve or disapprove the site as a location for the Agency. No proposed site will be deemed approved unless we have expressly approved it in writing.
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- We will grant you access to the Operations Manual, which outlines such site selection guidelines, consultation, and on-site evaluation we deem advisable as part of our evaluation of your request for site approval. We will not, however, provide on-site evaluation for any proposed site before we receive the information and materials required by Paragraph 3. If we deem on-site evaluation necessary and appropriate, we will conduct up to two (2) on-site evaluations at our cost. For each additional on-site evaluation (if any), you must reimburse our reasonable expenses, including, without limitation, the costs of travel, lodging, and meals.
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- You must send us the proposed lease for your site for our written approval before you sign it. (For the avoidance of doubt, if an affiliate of yours owns the premises (see Paragraph
Source: Item 23 — RECEIPTS (FDD pages 118–387)
What This Means (2025 FDD)
According to Brightstar Care's 2025 Franchise Disclosure Document, the company retains several rights regarding the franchisee's premises under the Site Selection Addendum. Brightstar Care must pre-approve the franchisee's proposed site, even if an affiliate of the franchisee intends to purchase and own the site. The franchisee cannot own the site; they must lease it from a third party, whether or not affiliated with them. The franchisee must submit a proposed site to Brightstar Care within 150 days after executing the Site Selection Addendum, along with any required information. Brightstar Care then has 10 days to approve or disapprove the site in writing.
Brightstar Care will grant the franchisee access to the Operations Manual, which outlines site selection guidelines, consultation, and on-site evaluation. Brightstar Care will conduct up to two on-site evaluations at its own cost. For each additional on-site evaluation, the franchisee must reimburse Brightstar Care's reasonable expenses, including travel, lodging, and meals. The franchisee must also send Brightstar Care the proposed lease for written approval before signing it.
Furthermore, if the franchisee fails to secure a site for the Agency within the required time, it will constitute a default under the Agreement and the Site Selection Addendum. Time is of the essence in securing a location. These stipulations ensure Brightstar Care maintains control over site selection, protecting brand consistency and operational standards. The franchisee bears the responsibility for costs associated with additional site evaluations beyond the initial two provided by Brightstar Care.