What is the subject of the 'Provision' column in the Brightstar Care FDD Item 17 table?
Brightstar_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
| Provision | Section in franchise or other agreement | Summary |
|---|---|---|
| with your ownership, management, operation, maintenance of, engagement in, consulting with, or having any interest in any Competing Business. | ||
| s. Modification of agreement | 9 and 20.3 10 of Standard Renewal Addendum 12 of Expansion Option Agreement | The Franchise Agreement (and Expansion Option Agreement) may not be modified except by a written agreement that you and we sign. We can modify or change the BrightStar Care Agency Program through changes in the Operations Manual and you are bound by the same. |
| t. Integration/ merger clause | 24 12 of Expansion Option Agreement | Only the terms of the Franchise Agreement and other related written agreements (including the Expansion Option Agreement) are binding (subject to state law). Any representations or promises outside of the Franchise Agreement or this Disclosure Document may not be enforceable. |
| u. Dispute resolution by arbitration or mediation | 15 14 of Expansion Option Agreement | Except for certain claims, all disputes must first be submitted to our senior executives for internal dispute resolution and, if not resolved, to a mediation hearing conducted according to the procedure stated in the Franchise Agreement. Mediation will be held at our offices. Disputes that cannot be resolved through mediationare resolved through arbitration. |
| v. Choice of forum | 15.7 14 of Expansion Option Agreement | All arbitration is to take place at a suitable location that is within 10 miles of where we have our principal business address when the arbitration demand is filed (currently Bannockburn, Illinois) (subject to state law). All litigation must be filed in the county and state where our headquarters is located at the time the action is filed (currently Lake County, Illinois) (subject to state law). |
| w. Choice of law | 22 14 of Expansion Option Agreement | Illinois law applies (subject to state law). |
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 'Provision' column in the Item 17 table describes various clauses and stipulations found within the franchise agreement or other related agreements. These provisions cover a range of topics relevant to the franchise relationship.
Specifically, the listed provisions address subjects such as modifications to the agreement, which require written consent from both the franchisee and Brightstar Care, and Brightstar Care's ability to modify the BrightStar Care Agency Program through changes in the Operations Manual. The provisions also cover integration/merger clauses, clarifying that only the terms within the franchise agreement and related written agreements are binding, and cautioning that external representations or promises may not be enforceable.
Furthermore, the 'Provision' column includes information on dispute resolution, indicating that disputes must first be submitted to senior executives for internal resolution, followed by mediation, and ultimately arbitration if necessary. It also specifies the choice of forum for arbitration and litigation, generally requiring these proceedings to occur near Brightstar Care's headquarters, subject to state law. Finally, the column addresses the choice of law, stating that Illinois law typically applies, again with consideration for state law.