Under what circumstances can Brightstar Care (or its designee) enter the premises of a franchisee?
Brightstar_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
Upon a default by Assignor under the Lease or under the franchise agreement for a BrightStar Care Agency Program between Assignee and Assignor (the "Franchise Agreement"), or in the event of a default by Assignor under any document or instrument securing the Franchise Agreement, or upon expiration or termination of the Franchise Agreement, Assignee will have the right and is hereby empowered to take possession of the Premises, expel Assignor therefrom, and, in such event, Assignor will have no further right, title or interest in the Lease.
Assignor agrees it will not allow or permit any surrender, termination, amendment or modification of the Lease without the prior written consent of Assignee. Through the term of the Franchise Agreement and any renewals thereto, Assignor agrees that it may elect and exercise all options to extend the term of or renew the Lease not less than thirty (30) days prior to the last day that such option must be exercised, unless Assignee otherwise agrees in writing. Upon failure of Assignee to otherwise agree in writing, and upon failure of Assignor to so elect to extend or renew the Lease as stated herein, Assignor hereby appoints Assignee as its true and lawful attorney-in-fact to exercise such extension or renewal options in the name, place and stead of Assignor for the sole purpose of effecting such extension of renewal.
Source: Item 23 — RECEIPTS (FDD pages 118–387)
What This Means (2025 FDD)
According to Brightstar Care's 2025 Franchise Disclosure Document, if a franchisee defaults under the lease, the franchise agreement, or any document securing the franchise agreement, Brightstar Care, as the Assignee, has the right to take possession of the premises and expel the franchisee. This also applies upon the expiration or termination of the Franchise Agreement.
This means that a Brightstar Care franchisee could lose possession of their business location if they fail to meet the obligations outlined in their lease agreement, the franchise agreement itself, or any related financial documents. This could occur due to financial issues, failure to comply with franchise standards, or other breaches of contract. The franchisee would then forfeit any further rights or claims to the lease.
This clause protects Brightstar Care's interests by ensuring they can maintain control over the business location if the franchisee is not fulfilling their obligations or if the franchise agreement ends. It is important for prospective franchisees to carefully review all agreements and understand the conditions that could lead to a default and subsequent loss of possession of the premises. Franchisees should also be aware of their obligations to extend or renew the lease, as Brightstar Care can act as their attorney-in-fact to ensure renewal if the franchisee fails to do so.