Does Brightstar Care warrant that the use of the ABS will be uninterrupted or error-free?
Brightstar_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
WE, BRIGHTSTAR TECHNOLOGY, AND OUR RESPECTIVE AFFILIATES DO NOT WARRANT THAT THE ABS WILL BE FREE FROM DEFECTS OR MISTAKES (INCLUDING REGARDING WAGE AND HOUR LAWS OR OTHER FEDERAL, STATE, AND LOCAL LAWS) OR THAT USE OF THE ABS WILL BE UNINTERRUPTED OR ERROR FREE.
Source: Item 22 — CONTRACTS (FDD pages 117–118)
What This Means (2025 FDD)
According to Brightstar Care's 2025 Franchise Disclosure Document, Brightstar Technology does not warrant that the Athena Business System (ABS) will be free from defects or mistakes, including those related to wage and hour laws or other federal, state, and local laws. Furthermore, Brightstar Care does not guarantee that the use of the ABS will be uninterrupted or error-free. This means a franchisee should anticipate potential issues with the system and factor that into their business planning.
This disclaimer extends to any express or implied warranties regarding the ABS or third-party materials. Brightstar Care explicitly disclaims all warranties related to the ABS, including those of merchantability, inter-operability, fitness for a particular purpose, non-infringement, and quiet enjoyment. This comprehensive disclaimer limits Brightstar Care's liability regarding the ABS's performance and suitability.
For a prospective Brightstar Care franchisee, this lack of warranty has significant implications. It means the franchisee bears the risk of any defects, mistakes, interruptions, or errors in the ABS. The franchisee is responsible for ensuring compliance with all applicable laws, even if the ABS contains errors or omissions. The franchisee should consider these factors and potentially seek professional advice to mitigate these risks.