Which sections of the Brightstar Care Franchise Agreement are modified by the addition of a sentence as described in this Addendum?
Brightstar_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
ightStar Care Agency will be located or operated in Maryland.
-
- RELEASES. The following language is added to the end of Section 2.2, 12.4.9, and 12.7 of the Franchise Agreement:
; provided, however, that such general release shall not apply to any liability under the Maryland Franchise Registration and Disclosure Law.
- CONSENT TO JURISDICTION. The following sentence is added to the end of Section 15.7 of the Franchise Agreement:
Franchisee may, subject to its arbitration obligations, bring an action in Maryland for claims arising under the Maryland Franchise Registration and Disclosure Law.
-
- LIMITATIONS OF CLAIMS. The following sentence is added to the end of Section 15.8 of the Franchise Agreement:
- , except that any and all claims arising under the Maryland Franchise Registration and Disclosure Law must be brought within three (3) years after the grant of the Franchise.
-
- GOVERNING LAW. The following sentence is added to the end of Section 22 of the Franchise Agreement:
However, to the extent required by applicable law, Maryland law will apply to claims arising under the Maryland Franchise Registration and Disclosure Law.
- ENTIRE AGREEMENT. The following language is deleted from Section 24 of the Franchise Agreement:
You acknowledge that you are entering into this Agreement as a result of your own independent investigation of our franchised business and not as a result of any representations about us made by our owners, officers, directors, employees, agents, representatives, independent contractors, or franchisees that are contrary to the terms set forth in this Agreement or any disclosure document, prospectus, or other similar document given to you.
- ACKNOWLEDGMENTS. The following language is added to the end of Section 27 of the Franchise Agreement:
Such representations are not intended to nor shall they act as a release, estoppel or waiver of any liability incurred under the Maryland Franchise Registration and Disclosure Law.
- Except as expressly modified by this Addendum, the Franchise Agreement remains unmodified and in full force and effect.
BrightStar Franchising, LLC
ADDITIONAL DISCLOSURE DOCUMENT DISCLOSURES REQUIRED BY THE STATE OF MINNESOTA
Item 13, Additional Disclosure: The following statement is added to Item 13:
We will protect your right to use the Marks or indemnify you from any loss, costs or expenses arising out of any claim, suit or demand regarding the use of the name to the extent required by Minn. Stat. Sec. 80C.12, Subd.1(g).
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 81–92)
What This Means (2025 FDD)
According to Brightstar Care's 2025 Franchise Disclosure Document, the sections of the Franchise Agreement modified by adding a sentence vary depending on the state where the franchisee is located or where the Brightstar Care agency will operate. For franchisees in Maryland, a sentence is added to the end of Sections 15.7, 15.8 and 22 of the Franchise Agreement. For franchisees in Minnesota, a sentence is added to the end of Sections 1.5, 13, 2.2, 12.4.9, 12.7, 15.3 and 15.8 of the Franchise Agreement. For franchisees in New York, a sentence is added at the end of Sections 12.1. For franchisees in North Dakota, a sentence is added to the end of Sections 2.2, 12.4.9, 12.7 and 15.8 of the Franchise Agreement.
These modifications address specific legal requirements and franchisee rights within each state. For example, the Maryland addendum ensures that general releases signed by the franchisee do not waive rights under Maryland franchise law. Similarly, the Minnesota addendum ensures compliance with Minnesota statutes regarding termination and non-renewal notices, and protects franchisees from waiving rights under Minnesota franchise law. The New York addendum ensures that Brightstar Care will not assign its rights under the Franchise Agreement except to an assignee who in Franchisor's good faith and judgment is willing and able to assume Franchisor's obligations under the Franchise Agreement. The North Dakota addendum ensures that any release executed will not apply to the extent otherwise prohibited by applicable law with respect to claims arising under the North Dakota Franchise Investment Law.
Prospective Brightstar Care franchisees should carefully review the addendum specific to their state to understand how the Franchise Agreement is modified. These modifications can impact dispute resolution, termination conditions, and franchisee rights. Franchisees should consult with a legal professional to fully understand the implications of these state-specific addenda.