To whose benefit does the Brightstar Care Agreement to be Bound inure?
Brightstar_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
EXHIBIT H
SPOUSAL OR LIFE-PARTNER CONSENT
NOTE: EACH SPOUSE (INCLUDING COMMON LAW SPOUSE) OR LIFE-PARTNER OF FRANCHISEE OR, IF FRANCHISEE IS A LEGAL ENTITY, THE SPOUSE (INCLUDING COMMON LAW SPOUSE) OR LIFE-PARTNER OF EACH OWNER OF FRANCHISEE MUST SIGN THIS SPOUSAL OR LIFE-PARTNER CONSENT.
The individual(s) listed below represents to BrightStar Franchising, LLC's ("Company") that each is the spouse (including a common law spouse) or life -partner of the individual(s) who have signed an Agreement with the Company dated .
In consideration of the grant by the Company to Franchisee under the Agreement, each of the individual spouses (including common law spouse) or life-partner listed below agrees, in consideration of benefits received and to be received by each of them, jointly and severally, and for themselves, their heirs, legal representatives and assigns that they, and each of them:
- a. must be firmly bound by all of the terms, provisions and conditions of the Agreement;
- b. unconditionally guarantee the full and timely performance by Franchisee of all of Franchisee's obligations under the Agreement, including, without limitation, any of Franchisee's indebtedness arising under or by virtue of the Agreement;
Source: Item 23 — RECEIPTS (FDD pages 118–387)
What This Means (2025 FDD)
According to Brightstar Care's 2025 Franchise Disclosure Document, Exhibit H outlines the Spousal or Life-Partner Consent, which stipulates that spouses or life partners of franchisees (or owners of franchisee entities) must agree to be bound by the terms of the Franchise Agreement. This agreement ensures that Brightstar Franchising, LLC receives guarantees of performance from individuals who may have influence or control over the franchisee's operations.
The Spousal or Life-Partner Consent mandates that these individuals are firmly bound by all terms, provisions, and conditions of the Brightstar Care agreement. This includes an unconditional guarantee of the franchisee's full and timely performance of all obligations, including any indebtedness arising from the agreement. By signing this consent, the spouse or life partner acknowledges the benefits they receive from the franchise and agrees to be jointly and severally liable for the franchisee's commitments.
This requirement is a protective measure for Brightstar Care, ensuring that the financial and operational responsibilities of the franchise are taken seriously by those closest to the franchisee. It mitigates the risk of non-compliance or default by extending the obligation to individuals with a vested interest in the franchisee's success. The consent also binds their heirs, legal representatives, and assigns, further securing Brightstar Care's position.
For a prospective Brightstar Care franchisee, this means that their spouse or life partner will need to sign the Spousal or Life-Partner Consent, acknowledging their understanding of the franchise agreement and their commitment to ensuring its fulfillment. This requirement should be discussed openly with the spouse or life partner to ensure everyone is aware of the obligations and potential liabilities involved.