What is the timeframe limitation for bringing claims in arbitration for Brightstar Care?
Brightstar_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
We and you will be bound by any limitation under this Agreement or applicable law, whichever expires first, on the timeframe in which claims must be brought. We and you further agree that, in connection with any arbitration proceeding, each must submit or file any claim constituting a compulsory counterclaim (as defined by the then-current Rule 13 of the Federal Rules of Civil Procedure) within the same proceeding as the claim to which it relates. Any such claim not submitted or filed in the proceeding will be barred. The arbitrator may not consider any settlement discussions or offers either you or we made. We reserve the right, but have no obligation, to advance your share of the costs of any arbitration proceeding in order for the arbitration proceeding to take place and by doing so do not waive or relinquish our right to seek recovery of those costs in accordance with Section 19.2 above.
Source: Item 22 — CONTRACTS (FDD pages 117–118)
What This Means (2025 FDD)
According to Brightstar Care's 2025 Franchise Disclosure Document, both Brightstar Care and the franchisee are bound by the timeframe limitations for bringing claims, as defined either under the franchise agreement or by applicable law, whichever timeframe expires first. This means a franchisee must be aware of both the contractual limitations specified in the agreement and any statutory limitations imposed by law in their jurisdiction. The shorter of the two will dictate the period within which they can bring a claim.
Additionally, in any arbitration proceeding, both Brightstar Care and the franchisee must submit any claim constituting a compulsory counterclaim within the same proceeding as the original claim. Failure to do so will bar the claim. This rule is aligned with the Federal Rules of Civil Procedure, specifically Rule 13, ensuring all related issues are resolved in a single arbitration.
Notably, the arbitrator is prohibited from considering any settlement discussions or offers made by either party. This encourages parties to engage in open and honest negotiations without fear that their offers will be used against them during arbitration. Brightstar Care also retains the right, but not the obligation, to advance the franchisee's share of arbitration costs to facilitate the proceeding, while still reserving the right to seek recovery of those costs later.