What happens if a Buildingstars franchisee uses the System or Marks for unapproved services?
Buildingstars Franchise · 2025 FDDAnswer from 2025 FDD Document
E shall not advertise in a deceptive, misleading, or unethical manner; shall only make those promises, representations, and guarantees to Customers, and others at the Business authorized by BUILDINGSTARS; preserve good Customer relations; render competent, prompt, courteous, and knowledgeable service; and meet such minimum standards as BUILDINGSTARS may establish from time to time in the Confidential Operations Manual.
-
- 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 16 — RESTRICTIONS ON WHAT THE FRANCHISEE MAY SELL (FDD page 29)
What This Means (2025 FDD)
According to Buildingstars's 2025 Franchise Disclosure Document, franchisees are explicitly restricted from using the Buildingstars System or Marks for any products or services outside of the approved cleaning business. If a Buildingstars franchisee's customer requests services or products not typically associated with the Buildingstars System, the franchisee must first seek approval from Buildingstars. Buildingstars indicates that it will not unreasonably object to these requests, provided that the additional services do not interfere with the core cleaning services, are not associated with the Buildingstars brand, the franchisee is capable of providing the services adequately, and the customer understands that these additional services are separate from the Buildingstars franchise. However, Buildingstars retains the right to object to such requests in the future, even if they initially approved similar requests.
Buildingstars emphasizes the importance of protecting its trademarks and service marks. The document states that any unauthorized use of the Buildingstars Marks by a franchisee constitutes a breach of the franchise agreement and an infringement of Buildingstars's rights. Such unauthorized use can occur in any medium, including advertising or providing unapproved services under the Buildingstars name.
Furthermore, the Buildingstars Franchise Disclosure Document specifies that unauthorized use of the company's marks will cause irreparable harm to Buildingstars. As a result, Buildingstars can seek injunctive relief to stop the franchisee's unauthorized use of the marks, and the franchisee expressly waives any requirement that Buildingstars post security in order to obtain such injunctive relief. This highlights the seriousness with which Buildingstars views the protection of its brand and system, and the potential legal ramifications for franchisees who deviate from the approved business model without prior authorization.