Under what conditions will Brightstar Care indemnify a franchisee from losses related to the use of the Marks?
Brightstar_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
Item 13, Additional Disclosure: The following statement is added to Item 13:
We will protect your right to use the Marks or indemnify you from any loss, costs or expenses arising out of any claim, suit or demand regarding the use of the name to the extent required by Minn. Stat. Sec. 80C.12, Subd.1(g).
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, Brightstar Care will protect a franchisee's right to use the Marks and will indemnify them from any loss, costs, or expenses arising out of any claim, suit, or demand regarding the use of the name. This protection is specifically required by Minn. Stat. Sec. 80C.12, Subd.1(g) for franchises governed by Minnesota law.
This means that if a Brightstar Care franchisee in Minnesota faces legal action or incurs costs due to their authorized use of the Brightstar Care brand name or trademarks, Brightstar Care is obligated to cover those losses, costs, and expenses. This obligation is rooted in Minnesota state law, providing an additional layer of security for franchisees operating in that state.
It is important to note that this specific indemnification is tied to Minnesota law. Franchisees in other states may not have the same explicit protection unless similar provisions exist in their state's franchise laws or are negotiated into their franchise agreement. Prospective franchisees should carefully review their state's franchise laws and the franchise agreement to understand the full scope of trademark protection and indemnification offered by Brightstar Care.