Under what conditions can the Brightstar Care Business Associate Agreement be modified?
Brightstar_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
The business environment affecting our franchise program is continually changing. We may develop other business activities or modify existing business activities in response to changes in the business environment, including those resulting from technological advances, e-commerce, expansion into new markets, changes in government reimbursement for home care services, and other factors that may not presently be anticipated. We reserve the right to change or modify the Licensed Marks, the Agency concept, the Operations Manual, and any proprietary software we require you to use. We may adopt and use new or modified trade names, trademarks, service marks, logos, equipment, software, products, techniques, or concepts. We may add new and different services and products, withdraw services or products, or change their names or image; redesign the trade dress, software programs, and equipment or fixture standards; or discontinue them as we deem appropriate. You must accept and use the changes as if they were part of this Agreement. If
changes are related to the Licensed Marks, then you will have one hundred twenty (120) days from the date of notice to implement any such changes under this Section 9.1.
Source: Item 22 — CONTRACTS (FDD pages 117–118)
What This Means (2025 FDD)
The 2025 Brightstar Care Franchise Disclosure Document states that the business environment is continually changing and that Brightstar Care may modify existing business activities in response to those changes. These changes can result from technological advances, e-commerce, expansion into new markets, and changes in government reimbursement for home care services. Brightstar Care reserves the right to change or modify the Licensed Marks, the Agency concept, the Operations Manual, and any proprietary software franchisees are required to use.
Brightstar Care may adopt and use new or modified trade names, trademarks, service marks, logos, equipment, software, products, techniques, or concepts. They may add new and different services and products, withdraw services or products, or change their names or image; redesign the trade dress, software programs, and equipment or fixture standards; or discontinue them as they deem appropriate. Franchisees must accept and use the changes as if they were part of the Franchise Agreement.
If changes are related to the Licensed Marks, franchisees will have 120 days from the date of notice to implement any such changes. This clause suggests that the Business Associate Agreement, as part of the broader franchise agreement, can be modified under these circumstances. However, the FDD does not explicitly state that the Business Associate Agreement can be modified, only that changes to the Licensed Marks, Agency concept, Operations Manual, and proprietary software may occur.