What topics are summarized in the provided table regarding the Brightstar Care franchise agreement?
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, a table summarizes various provisions within the franchise agreement and related documents.
The table outlines topics such as modifications to the agreement, noting that changes must be in writing and signed by both Brightstar Care and the franchisee. Brightstar Care can modify the BrightStar Care Agency Program through changes to the Operations Manual, which the franchisee is bound by. The table also addresses the integration/merger clause, stating that only the terms of the Franchise Agreement and other related written agreements are binding, subject to state law, and that representations outside of these documents may not be enforceable.
Furthermore, the table summarizes dispute resolution procedures, indicating that disputes must first be submitted to senior executives for internal resolution and then to mediation before proceeding to arbitration. Mediation will be held at Brightstar Care's offices. The table also specifies the choice of forum for arbitration and litigation, with arbitration taking place near Brightstar Care's principal business address and litigation occurring in the county and state of their headquarters, both subject to state law. Finally, the table indicates that Illinois law applies to the agreement, also subject to state law.
Prospective franchisees should carefully review these provisions to understand their rights and obligations regarding modifications, dispute resolution, and legal jurisdiction. Understanding these aspects is crucial for a successful and legally sound franchise relationship with Brightstar Care.