Are there any exceptions to the choice of forum for litigation against Brightstar Care?
Brightstar_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
| Provision | Section in franchise or other agreement | Summary |
|---|---|---|
| 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). |
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 standard policy is that all litigation must be filed in the county and state where Brightstar Care's headquarters is located at the time the action is filed, which is currently Lake County, Illinois. This is subject to state law, implying that these terms may be modified or superseded by state-specific regulations.
Notably, the FDD outlines exceptions for franchisees in Maryland and Minnesota. Maryland franchisees have the right to bring actions in Maryland for claims arising under the Maryland Franchise Registration and Disclosure Law, irrespective of the standard forum selection clause. Similarly, Minnesota law prohibits Brightstar Care from requiring litigation to be conducted outside of Minnesota, ensuring that Minnesota franchisees can pursue litigation within their state.
For prospective franchisees, this means that while Brightstar Care generally prefers litigation to occur in Illinois, the enforceability of this clause can vary. Franchisees in Maryland and Minnesota have specific legal protections allowing them to litigate certain claims within their home states. It is important for potential franchisees to understand how their state's laws interact with the franchise agreement, especially concerning dispute resolution and choice of forum. Brightstar Care franchisees should consult with a legal professional to fully understand their rights and obligations in the state where they reside or operate their franchise.