What are the Buildingstars obligations regarding advertising (Item 11) and how does this relate to the franchisee's obligations (Item 9)?
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.
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- 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.
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- In the event that FRANCHISEE wishes to advertise its Business, FRANCHISEE must submit all of its own advertising and sale promotion materials (including Internet advertising) to BUILDINGSTARS for prior consent.
What This Means (2025 FDD)
According to Buildingstars's 2025 Franchise Disclosure Document, franchisees have specific obligations regarding advertising and the use of the Buildingstars system and marks. A Buildingstars franchisee is not allowed to use the Buildingstars system or marks to sell products or services other than those related to the cleaning business. If a customer asks a franchisee to provide services or products that are not normally part of the Buildingstars system, the franchisee must first get approval from Buildingstars. Buildingstars will generally approve the request as long as it does not interfere with the regular franchise services, isn't associated with the Buildingstars marks or system, the franchisee can provide the services well, and the customer knows the services aren't part of the franchise. However, Buildingstars can object to these requests in the future.
If a Buildingstars franchisee wants to advertise their business, they must submit all advertising and sales promotion materials, including online ads, to Buildingstars for approval. If Buildingstars doesn't respond within 20 days of receiving the advertising materials, the advertising is considered approved. The franchisee cannot advertise or use Buildingstars's marks without including the proper copyright, trademark, and service mark registration symbols and without Buildingstars's permission.
These stipulations ensure that Buildingstars maintains control over its brand image and service quality. By requiring franchisees to seek approval for advertising and non-standard services, Buildingstars can ensure consistency and protect its trademarks. The 20-day approval window provides a reasonable timeframe for Buildingstars to review advertising materials, while also allowing franchisees to proceed with their marketing efforts in a timely manner if no response is received. Franchisees must be vigilant in adhering to these guidelines to avoid potential breaches of the franchise agreement.