Under what conditions can someone other than the franchisee be the Control Person for a Brightstar Care franchise?
Brightstar_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
6.4.1 You must hire and maintain your Key Positions as well as a sufficient number of qualified, competent personnel in order to offer prompt, courteous, and efficient service to the public and otherwise operate the Agency in compliance with the BrightStar System so as to preserve, maintain, and enhance the System's reputation and goodwill. Additionally, your Agency must be under your designated Control Person's direct supervision. You (or, if you are an Entity, your owner) must be the Control Person. You must seek our approval if you want the Control Person to be someone other than you (or your owner) during the Initial Term. Your Control Person must meet our then-current Control Person standards and requirements, including (1) to live within one-hour drive-time from the Protected Territory and (2) to be in the office, or at minimum in the Protected Territory, on a daily full-time basis, and as otherwise defined in Exhibit K to this Agreement. All employees engaged in operating your Franchised Business during working hours must dress conforming to our standards, must present a neat and clean appearance (wearing our uniforms, if required) in conformance with our reasonable standards, and must render competent, empathetic service to your Agency's clients. You must take all measures to develop, recognize, and reward your workforce in order to maintain a six (6)-month turnover rate of field staff not to exceed fifty percent (50%).
Source: Item 22 — CONTRACTS (FDD pages 117–118)
What This Means (2025 FDD)
According to Brightstar Care's 2025 Franchise Disclosure Document, the franchisee or, if the franchisee is an entity, the owner of the entity, is expected to be the Control Person. However, Brightstar Care will consider an alternative Control Person under certain conditions.
Specifically, if a franchisee wants someone other than themselves (or the owner of the entity) to be the Control Person during the initial term of the franchise agreement, they must seek approval from Brightstar Care. This indicates that while the franchisee or owner is the default Control Person, Brightstar Care is willing to consider other individuals for the role.
Any proposed Control Person must meet Brightstar Care's standards and requirements. These requirements include living within a one-hour drive of the protected territory and being present in the office or within the protected territory on a full-time daily basis. These requirements are further defined in Exhibit K of the Franchise Agreement, which a prospective franchisee should review carefully.