Does the failure of Buildingstars to object to any request prohibit Buildingstars from objecting to any future requests from a Buildingstars franchisee?
Buildingstars Franchise · 2025 FDDAnswer from 2025 FDD Document
FRANCHISEE recognizes that it is not permitted to use the System or Marks in connection with the sale of any products or services other than the cleaning business.
If a Customer requests that FRANCHISEE render any services or sell any products that are not of the type that is normally rendered in connection with the System, FRANCHISEE must first notify BUILDINGSTARS and obtain approval from BUILDINGSTARS. BUILDINGSTARS will not unreasonably object to FRANCHISEE'S request provided that the services do not interfere with the services that FRANCHISEE renders in connection with the franchise, the services and products are in no way associated with the Marks and System, FRANCHISEE is capable of providing the products and services in a good and workmanlike manner, and the Customer is fully apprised that the services or products are not being rendered in connection with the franchise. BUILDINGSTARS retains the right to object to any future requests and the failure to object to any request shall not prohibit BUILDINGSTARS from objecting to any future requests.
Source: Item 22 — CONTRACTS (FDD page 43)
What This Means (2025 FDD)
According to Buildingstars's 2025 Franchise Disclosure Document, Buildingstars retains the right to object to any future requests from a franchisee, even if they failed to object to a similar request in the past. This applies specifically when a franchisee seeks approval to offer services or sell products outside the scope of the standard cleaning business.
This means that a Buildingstars franchisee cannot assume that a previously approved request for non-standard services or products will automatically be approved in the future. Buildingstars maintains the discretion to evaluate each request independently. This protects Buildingstars's brand and system standards, ensuring that franchisees do not deviate too far from the core business model without explicit consent.
For a prospective Buildingstars franchisee, this clause highlights the importance of clear and ongoing communication with Buildingstars regarding any deviations from the standard business operations. While Buildingstars states they will not unreasonably object, franchisees should be prepared to justify their requests and understand that past approvals do not guarantee future outcomes. This also underscores the need to carefully review the franchise agreement and understand the scope of permitted activities to avoid potential conflicts.