How can the Buildingstars Franchise Agreement be amended?
Buildingstars Franchise · 2025 FDDAnswer from 2025 FDD Document
party, the other party shall immediately be entitled to injunctive relief, in addition to any other remedies available to it, (including a temporary restraining order, preliminary injunction and specific performance) without showing or proving any actual damage sustained and shall not thereby be deemed to have elected its only remedy to the exclusion of others. If BUILDINGSTARS seeks injunctive relief, it shall not be required to post a bond.
D. Entire Agreement. This Agreement and all other written agreements related to this Agreement and expressly referenced in this Agreement, represent the entire understanding and agreement between the parties with respect to the subject matter of this Agreement, and supersedes all other negotiations, understandings and representations (if any) made by and between the parties. No representations, inducements, promises or agreements, oral or otherwise, if any, not embodied in this Agreement shall be of any force and effect; provided, however, that nothing in this or any related agreement is intended to disclaim BUILDINGSTARS' representations made in the franchise disclosure document that was furnished to FRANCHISEE in connection with the offering to operate the Business. No amendment to this Agreement is binding unless executed in writing by both parties.
E. Representative Capacity. In all of their dealings with FRANCHISEE, the officers, directors, employees and agents of BUILDINGSTARS act only in their representative capacity for BUILDINGSTARS, and not in any individual capacity.
F. Notice.
Source: Item 22 — CONTRACTS (FDD page 43)
What This Means (2025 FDD)
According to Buildingstars's 2025 Franchise Disclosure Document, the Franchise Agreement can only be amended if the amendment is executed in writing by both parties, Buildingstars and the franchisee. This requirement ensures that any changes to the agreement are formally documented and agreed upon by both parties, preventing misunderstandings or disputes over verbal agreements or informal modifications.
Additionally, if any valid law or regulation limits Buildingstars' rights of rescission or termination or requires longer notice periods than what is stated in the agreement, the agreement will be automatically amended to conform to those minimum requirements. Similarly, if a state regulator requires an amendment to the agreement, that amendment will be attached as a State Law Addendum. This ensures compliance with local laws and regulations that may vary from state to state.
This means that a Buildingstars franchisee is protected by any state-specific laws that offer greater protection than the standard agreement. However, Buildingstars retains the right to contest the validity or applicability of such laws. The written amendment requirement provides clarity and legal certainty for both Buildingstars and its franchisees, while the automatic amendments ensure compliance with applicable laws and regulations.