What section of the Brightstar Care franchise agreement outlines the franchisee's obligations regarding the maintenance of premises?
Brightstar_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
6. STANDARDS OF OPERATION
6.1 Site Location and Lease Premises
You must secure real estate for the operation of the Franchised Business. Within one hundred fifty (150) days after this Agreement's Effective Date, you must secure a Premises for the Agency that is acceptable to us. You must use the Premises solely to operate the Agency in the manner and pursuant to the standards prescribed in this Agreement, the Operations Manual, or otherwise in writing and must refrain from using or permitting use of the Premises for any other purpose or activity at any time. The Agency Premises may not be located in a person's home. You must give us a copy of the proposed lease, which we must approve prior to execution, and which must give us:
6.1.1 The right to enter the Premises to make any modification necessary to protect the Licensed Marks and a "Collateral Assignment of Lease" in the form attached hereto as Exhibit C, executed by you and the lessor of the Premises, giving us notice of your default under the lease, a right to cure such default, and the right to assume the lease (including our right to assume the lease upon expiration or termination of this Agreement), as well as the further right to sublease or assign to a BrightStar Care Agency franchisee (and if we exercise our rights under the Collateral Assignment of Lease, we will have the option to acquire all fixtures, equipment, and other leasehold improvements on the Premises at fair market value).
6.1.2 The terms of an office building lease, including any option for renewal, must be a minimum of one (1) year with the option to renew for two additional one (1) year terms for a total of three years.
Source: Item 22 — CONTRACTS (FDD pages 117–118)
What This Means (2025 FDD)
The 2025 Brightstar Care Franchise Disclosure Document does not explicitly outline a section in the franchise agreement that details the franchisee's obligations regarding the maintenance of premises. However, Section 6.1 discusses the site location and lease premises. It states that the franchisee must secure real estate for the operation of the franchised business, and within 150 days after the agreement's effective date, they must secure a premises acceptable to Brightstar Care. The franchisee must use the premises solely to operate the agency according to the standards prescribed in the agreement, the operations manual, or in writing, and must not use the premises for any other purpose. The agency premises cannot be located in a person's home.
Additionally, Brightstar Care requires a copy of the proposed lease for approval before execution. The lease must grant Brightstar Care the right to enter the premises to make modifications necessary to protect the licensed marks. It also requires a "Collateral Assignment of Lease" giving Brightstar Care notice of default under the lease, a right to cure such default, and the right to assume the lease, including the right to sublease or assign to another Brightstar Care franchisee. The lease term must be a minimum of one year with the option to renew for two additional one-year terms, totaling three years.
While this section discusses the franchisee's obligations to secure and use the premises according to Brightstar Care's standards, it does not specifically detail maintenance obligations. A prospective franchisee should ask Brightstar Care for clarification on the specific maintenance responsibilities outlined in the Operations Manual or other documents, as well as any standards for maintaining the premises during the franchise term.