Under what conditions does the Brightstar Care Franchise Agreement become valid and enforceable?
Brightstar_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
[INSERT APPLICABLE PERFORMANCE STANDARDS]
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- Entire Agreement. This Addendum constitutes the entire agreement between the parties with respect to the subject matter hereof. No amendment will be binding unless in writing and signed by a party against whom enforcement is sought.
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- Counterparts. This Addendum may be executed in more than one counterpart, each of which will constitute an original copy.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have duly executed and delivered this Addendum the date and year first written above.
FRANCHISOR:
By: Name: Title: FRANCHISEE (YOU): By: Name: Title: By: Name: Title:
BRIGHTSTAR FRANCHISING, LLC
EXHIBIT G
ACKNOWLEDGMENT ADDENDUM TO BRIGHTSTAR FRANCHISING, LLC AGENCY FRANCHISE AGREEMENT
THIS DOCUMENT SHALL NOT BE SIGNED BY YOU, AND WILL NOT APPLY, IF THE OFFER OR SALE OF THE FRANCHISE IS SUBJECT TO THE STATE FRANCHISE REGISTRATION/DISCLOSURE LAWS IN THE STATES OF CALIFORNIA, HAWAII, ILLINOIS, INDIANA, MARYLAND, MICHIGAN, MINNESOTA, NEW YORK, NORTH DAKOTA, RHODE ISLAND, SOUTH DAKOTA, VIRGINIA, WASHINGTON, OR WISCONSIN.
As you know, you and we are entering into a Franchise Agreement for the operation of a BrightStar Care Agency Franchise. The purpose of this Acknowledgment Addendum is to determine whether any statements or promises were made to you that we have not authorized or that may be untrue, inaccurate or misleading, and to be certain that you understand the limitations on claims that may be made by you by reason of the offer and sale of the franchise and operation of your business. Please review each of the following questions carefully and provide honest responses to each question.
Source: Item 22 — CONTRACTS (FDD pages 117–118)
What This Means (2025 FDD)
According to the 2025 Brightstar Care Franchise Disclosure Document, the Franchise Agreement becomes valid and enforceable when both Brightstar Franchising, LLC and the franchisee sign the agreement, demonstrating their intent to be legally bound by its terms. This is indicated by the inclusion of signature lines for both parties, along with spaces for names and titles, confirming that both parties have duly executed and delivered the addendum. The agreement highlights the mutual promises, commitments, and understandings outlined within the document, which serve as consideration for the agreement.
For a prospective Brightstar Care franchisee, this means that the agreement is not merely a draft or a proposal but a legally binding contract once signed. The franchisee is then obligated to adhere to the terms, standards, and specifications outlined in the agreement, which are deemed essential for the operation of the Brightstar Care agency and the overall Brightstar system. This includes complying with any modifications or improvements made to the Brightstar system over time, such as offering new products or services or accepting new sources of reimbursement.
The agreement also grants the franchisee the right to establish and operate a Brightstar Care agency within a protected territory, subject to the terms and conditions specified in the agreement. This grant is contingent upon the franchisee's acceptance of the franchise and adherence to the operational standards of the Brightstar Care system. The franchisee must offer and sell all products and services required by Brightstar Care and cannot offer any unauthorized products or services.
It is important to note that in certain states with franchise registration/disclosure laws (California, Hawaii, Illinois, Indiana, Maryland, Michigan, Minnesota, New York, North Dakota, Rhode Island, South Dakota, Virginia, Washington, or Wisconsin), a separate Acknowledgment Addendum is not applicable. This suggests that the enforceability of the agreement may be subject to additional state-specific regulations and disclosures. Prospective franchisees should carefully review the entire agreement and any state-specific requirements with legal counsel to fully understand their rights and obligations.