Does Buildingstars' failure to object to any request prohibit Buildingstars from objecting to any future requests from a franchisee to render services or sell products not normally rendered in connection with the System?
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' 2025 Franchise Disclosure Document, a franchisee must first notify Buildingstars and obtain approval if a customer requests services or products that are not normally rendered in connection with the Buildingstars system. Buildingstars will not unreasonably object to the franchisee's request if the services do not interfere with the franchise services, are not associated with Buildingstars' marks and system, the franchisee is capable of providing the services in a good and workmanlike manner, and the customer is fully aware that the services are not being rendered in connection with the franchise.
Buildingstars retains the right to object to future requests from the franchisee. The FDD explicitly states that Buildingstars' failure to object to a specific request does not prevent them from objecting to similar requests in the future.
This means that even if Buildingstars approves a franchisee's request to offer a non-standard service or product once, they are not obligated to approve similar requests in the future. Buildingstars maintains the discretion to evaluate each request individually and can object to subsequent requests based on their assessment of the situation. This protects Buildingstars' brand and system standards while allowing them flexibility in responding to franchisee needs.