Does Brightstar Care specify the manner in which I must identify my Agency in advertising materials?
Brightstar_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
You must identify yourself as the owner of the Franchised Business (in the manner we prescribe) in conjunction with any use of the Licensed marks, including, without limitation, on invoices, contracts, timesheets, checks, receipts, employment and HR-related documents, and business stationary, as well as such conspicuous locations as we designate in writing at the Agency premises. We may remove your ability to use the logo and/or Licensed Marks on any applicant or employee facing communications, forms or advertisements by providing 30 days' advance written notice. To the extent you use, with our permission, any Licensed Mark in employment-related materials, you must include a clear disclaimer that you (and only you) are the employer of Agency employees and that we, as the franchisor of BrightStar Care Agencies, are not their employer and do not engage in any employertype activities for which only franchisees are responsible, such as employee selection, promotion, termination, hours worked, rates of pay, other benefits, work assigned, discipline, adjustment of grievances and complaints, and working conditions.
Source: Item 22 — CONTRACTS (FDD pages 117–118)
What This Means (2025 FDD)
According to Brightstar Care's 2025 Franchise Disclosure Document, franchisees must identify themselves as the owner of the franchised business in conjunction with any use of the licensed marks. This identification must be done in the manner that Brightstar Care prescribes. This requirement extends to various documents and materials, including invoices, contracts, timesheets, checks, receipts, employment and HR-related documents, and business stationery. The identification must also be placed in conspicuous locations designated in writing by Brightstar Care at the Agency premises.
Brightstar Care retains the right to remove the franchisee's ability to use the logo and/or licensed marks on any applicant or employee-facing communications, forms, or advertisements. They will provide 30 days' advance written notice before doing so. If a franchisee uses any licensed mark in employment-related materials with Brightstar Care's permission, they must include a clear disclaimer. This disclaimer must state that the franchisee is the employer of the agency's employees and that Brightstar Care, as the franchisor, is not their employer and does not engage in employer-type activities for which only franchisees are responsible.
This level of control over branding and advertising is typical in franchising, as it ensures consistency and protects the brand's image. However, it also means that franchisees have limited autonomy in how they market their business and must adhere to Brightstar Care's guidelines. Prospective franchisees should clarify the specific requirements for identifying their agency in advertising materials and any potential restrictions on using the licensed marks in employment-related communications.