Is Buildingstars obligated to accept a franchisee's application, and can Buildingstars refuse to grant a franchise?
Buildingstars Franchise · 2025 FDDAnswer from 2025 FDD Document
FRANCHISEE UNDERSTANDS AND AGREES THAT BUILDINGSTARS HAS NO OBLIGATION TO ACCEPT FRANCHISEE'S APPLICATION AND MAY REFUSE TO GRANT A FRANCHISE FOR ANY REASON, OR NO REASON, WITHOUT DISCLOSING THE BASIS FOR ITS DECISION. FRANCHISEE ACKNOWLEDGES THAT UNLESS AND UNTIL BUILDINGSTARS SIGNS THIS FRANCHISE AGREEMENT, FRANCHISEE IS NOT A FRANCHISE AND MAY NOT RELY UPON BECOMING A FRANCHISEE.
Source: Item 22 — CONTRACTS (FDD page 43)
What This Means (2025 FDD)
According to Buildingstars's 2025 Franchise Disclosure Document, Buildingstars is under no obligation to accept a franchisee's application. Buildingstars retains the right to refuse to grant a franchise for any reason, or even without providing a reason. This discretion remains with Buildingstars until the Franchise Agreement is formally signed by both parties. Until the agreement is signed, the prospective franchisee cannot rely on becoming a franchisee.
This clause emphasizes the speculative nature of the business and the significant role the franchisee's abilities play in its success. Buildingstars makes no guarantees about the potential success of the business, and no one is authorized to make such representations on their behalf. The agreement explicitly states that the success of the business depends on the franchisee's skills, initiative, and hard work.
This provision is typical in franchising, as franchisors usually want to maintain control over who joins their system to protect their brand and ensure quality. Prospective franchisees should carefully consider this clause and understand that their application might be rejected even after investing time and resources into the application process. It is crucial to have alternative plans and not rely solely on the expectation of becoming a Buildingstars franchisee until the agreement is fully executed.