Is a Buildingstars franchisee restricted from providing janitorial services to entities that are not customers of Buildingstars?
Buildingstars Franchise · 2025 FDDAnswer from 2025 FDD Document
For the sake of clarity, nothing herein is to restrict FRANCHISEE from providing janitorial/cleaning services to any entity or person that is not a Customer; provided however, that the foregoing shall not alter FRANCHISEE's obligations, including but not limited to Section IX above, under this Agreement. The foregoing covenants shall be construed as severable and independent and shall be interpreted and applied consistent with the requirements of reasonableness and equity. In the event a court of competent jurisdiction shall determine the business, time, or geographic limitations contained in this Agreement are illegal, invalid or unenforceable, then, the court so holding shall reduce the limitation necessary to render such restriction enforceable by such court. BUILDINGSTARS shall have the right to reduce the scope of any covenant contained in Sections IX and X, without FRANCHISEE'S consent, effective immediately upon receipt by FRANCHISEE of written notice thereof; and FRANCHISEE shall comply with any covenant as so modified. In addition to any other remedies available at law or equity, BUILDINGSTARS shall have the right to injunctive relief for a violation or threatened violation of the foregoing. FRANCHISEE acknowledges that the restrictions imposed in this Section are reasonable and their enforcement will not cause an undue burden upon FRANCHISEE'S ability to earn a livelihood.
Source: Item 23 — RECEIPT (FDD pages 43–217)
What This Means (2025 FDD)
According to Buildingstars's 2025 Franchise Disclosure Document, a franchisee is generally not restricted from providing janitorial/cleaning services to entities or persons that are not Buildingstars customers. However, this freedom is conditional. The franchisee must still adhere to all other obligations outlined in the franchise agreement. This means that while a Buildingstars franchisee can offer cleaning services to outside entities, they must not let these activities interfere with their obligations to Buildingstars or its customers.
Specifically, the franchisee cannot solicit Buildingstars' service providers (other franchisees) to terminate or alter their relationship with Buildingstars. Additionally, a franchisee cannot take any action to interfere with the business relationship between a customer and Buildingstars. These restrictions are in place to protect Buildingstars' business interests and customer relationships.
Buildingstars retains the right to modify the scope of these covenants, and the franchisee must comply with any such modifications. The document states that the restrictions imposed are reasonable and will not unduly burden the franchisee's ability to earn a livelihood. Buildingstars also has the right to seek injunctive relief for any violation or threatened violation of these restrictions.