Under what conditions can Brightstar Care terminate the Expansion Option Agreement?
Brightstar_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
ttached to this disclosure document.
| Provision | Section in franchise or other agreement | Summary |
|---|---|---|
| with your ownership, management, operation, maintenance of, engagement in, consulting with, or having any interest in any Competing Business. | ||
| s. Modification of agreement | 9 and 20.3 10 of Standard Renewal Addendum 12 of Expansion Option Agreement | The Franchise Agreement (and Expansion Option Agreement) may not be modified except by a written agreement that you and we sign. We can modify or change the BrightStar Care Agency Program through changes in the Operations Manual and you are bound by the same. |
| t. Integration/ merger clause | 24 12 of Expansion Option Agreement | Only the terms of the Franchise Agreement and other related written agreements (including the Expansion Option Agreement) are binding (subject to state law). Any representations or promises outside of the Franchise Agreement or this Disclosure Document may not be enforceable. |
| u. Dispute resolution by arbitration or mediation | 15 14 of Expansion Option Agreement | Except for certain claims, all disputes must first be submitted to our senior executives for internal dispute resolution and, if not resolved, to a mediation hearing conducted according to the procedure stated in the Franchise Agreement. Mediation will be held at our offices. Disputes that cannot be resolved through mediationare resolved through arbitration. |
| v. Choice of forum | 15.7 14 of Expansion Option Agreement | All arbitration is to take place at a suitable location that is within 10 miles of where we have our principal business address when the arbitration demand is filed (currently Bannockburn, Illinois) (subject to state law). All litigation must be filed in the county and state where our headquarters is located at the time the action is filed (currently Lake County, Illinois) (subject to state law). |
| w. |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 81–92)
What This Means (2025 FDD)
Based on the 2025 Brightstar Care Franchise Disclosure Document, Item 17 includes a table that summarizes provisions related to the Expansion Option Agreement. Specifically, it notes that the Expansion Option Agreement, like the Franchise Agreement, can only be modified through a written agreement signed by both the franchisee and Brightstar Care.
Additionally, the table indicates that the terms of the Expansion Option Agreement, along with other related written agreements and the Franchise Agreement, are binding, subject to state law. This means any representations or promises made outside of these documented agreements may not be enforceable.
In terms of dispute resolution, the FDD states that disputes related to the Expansion Option Agreement are subject to internal dispute resolution, mediation, and potentially arbitration, similar to the Franchise Agreement. The arbitration and litigation must take place within a suitable location that is within 10 miles of where Brightstar Care has its principal business address when the arbitration demand is filed (currently Bannockburn, Illinois), subject to state law. Illinois law governs the Expansion Option Agreement, also subject to state law.