Where can I find the definitions section within the Buildingstars Franchise Agreement?
Buildingstars Franchise · 2025 FDDAnswer from 2025 FDD Document
ENT, INC.**
ON-SITE MANAGER PROGRAM
| Agreement entered into this day of, 20, by and between | ||
|---|---|---|
| BUILDINGSTARS MANAGEMENT, INC. (f/k/a Buildingstars/St. Louis, Inc., a Missouri corporation | ||
| (hereinafter referred to as "BUILDINGSTARS"), and, (hereinafter | ||
| referred to as "FRANCHISEE"); |
WHEREAS, BUILDINGSTARS licenses others the right to operate a cleaning service business in accordance with the Marks and the System described below; and
WHEREAS, FRANCHISEE desires to participate in the use of the System in connection with the operation of a cleaning service business under the Marks; and
WHEREAS, FRANCHISEE understands that BUILDINGSTARS offers different levels of franchise programs, and that this franchise is under the "On-Site Manager Program".
NOW, THEREFORE, in consideration of the mutual promises and conditions contained herein, the parties agree as follows:
I. DEFINITIONS.
For purposes of this Agreement, the following terms shall have the meaning as set forth below and the definitions constitute an integral part of this Agreement:
- A. "Affiliate" means any and all entities that are or may control, be controlled by, or under common ownership with BUILDINGSTARS including but not limited to Buildingstars, Inc. (f/k/a Advantage Building Services, Inc.), Buildingstars Operations, Inc. (f/k/a Buildingstars STL Operations, Inc.), Buildingstars International, Inc., Green Sky Franchise Group, Inc., Facility Brands, Inc. and Green Sky Southwest, Inc.
- B. "Business" means the cleaning business that FRANCHISEE will operate under this Agreement using the System and Marks.
- C. Customer" means any existing customers or prospective customers (of BUILDINGSTARS, its Affiliates, FRANCHISEE, or any other franchisee) with whom FRANCHISEE or its employees or agents have had direct or indirect contact or about whom FRANCHISEE or its employees or agents have learned information by virtue of: (1) communications with BUILDINGSTARS, its Affiliates or other BUILDINGSTARS franchisees; (2) the operation of the Business; or (3) the transfer or termination of this Agreement, and in addition, "Customer" shall include any affiliate, successor in interest, subsidiary, sibling company, or parent company of any such customer or prospective customer.
- D. "Gross Sales" means the total money or property earned by FRANCHISEE or derived from or in connection with the operation of the Business, including all fees and other charges for every type of service performed and goods and services sold. Gross Sales will be calculated at the time the services or products from which they were derived are delivered or rendered.
Source: Item 22 — CONTRACTS (FDD page 43)
What This Means (2025 FDD)
According to Buildingstars's 2025 Franchise Disclosure Document, the definitions applicable to the franchise agreement are found in Section I, titled "DEFINITIONS." The FDD specifies that these definitions are an integral part of the agreement, meaning they are crucial for interpreting the contract's terms.
Several key terms are defined within this section to provide clarity and avoid ambiguity. These include "Affiliate," which encompasses entities controlling, controlled by, or under common ownership with Buildingstars, such as Buildingstars, Inc., Buildingstars Operations, Inc., Buildingstars International, Inc., Green Sky Franchise Group, Inc., Facility Brands, Inc. and Green Sky Southwest, Inc. The definition of "Business" refers to the cleaning business operated under the agreement using Buildingstars's system and marks. "Customer" is defined broadly to include existing and prospective customers with whom the franchisee or Buildingstars has had contact, including affiliates and successors. "Gross Sales" is defined as the total money or property earned by the franchisee, excluding taxes and refunds. Lastly, "FRANCHISEE" includes all persons owning an interest in the franchise, including their spouses, whether the entity is a corporation, LLC, partnership, or sole proprietorship.
Prospective franchisees should carefully review these definitions to fully understand their rights and obligations under the Buildingstars Franchise Agreement. Understanding these definitions is essential for interpreting various clauses within the agreement and for making informed business decisions. Franchisees should pay close attention to the scope of terms like "Customer" and "Gross Sales" as they can impact operational and financial aspects of the franchise.