What are the Buildingstars restrictions on the franchisee's business location (Item 12) and how does this relate to the franchisee's obligations regarding advertising materials (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. If BUILDINGSTARS does not consent to the advertising within 20 days after receipt of the advertising, said advertising is deemed acceptable. FRANCHISEE shall not advertise or use in advertising or other form of promotion, the Marks without the appropriate copyright, trademark, and service mark registration symbols for those marks which are registered and without BUILDINGSTARS' consent.
- D. Licensure; Compliance with Laws At all times FRANCHISEE shall comply with all federal, state, municipal, and local laws, rules, regulations, ordinances, and codes applicable and related to this Agreement, the Business, and all aspects of the conduct of the Business including but not limited to the Americans with Disabilities Act ("ADA") and OSHA in all respects, and nothing contained herein or in the Confidential Operations Manual shall be construed as or implied as imposing any obligation on BUILDINGSTARS or its Affiliates in relation to the ADA or OSHA. FRANCHISEE shall obtain all licenses and permits required by any applicable federal, state, municipal, and local law, rule, regulation ordinance and code. FRANCHISEE shall make timely filings of all tax returns and shall pay when due all taxes levied or assessed on, and related to this Agreement and the Business. At no time is BUILDINGSTARS required to inform FRANCHISEE of any federal, state, municipal, or local law, rule, regulation, ordinance code, or tax.
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What This Means (2025 FDD)
According to Buildingstars's 2025 Franchise Disclosure Document, franchisees are restricted in several ways regarding their business operations and advertising. Buildingstars franchisees cannot use the Buildingstars system or marks to sell products or services outside of the core cleaning business. If a customer requests services or products not typically offered, the franchisee must get approval from Buildingstars, which will not be unreasonably withheld as long as it doesn't interfere with the franchise services, isn't associated with the Buildingstars brand, the franchisee is capable, and the customer knows it's not part of the franchise. Buildingstars retains the right to object to future requests.
Regarding advertising, Buildingstars franchisees must submit all advertising and promotional materials, including online ads, for prior approval. If Buildingstars doesn't respond within 20 days, the advertising is considered approved. Franchisees cannot use Buildingstars' marks in advertising without permission and proper registration symbols. Franchisees must operate under the Buildingstars name and use the marks and system as prescribed by Buildingstars, including filing an assumed name where required and always using "d/b/a" after their legal name.
These restrictions ensure brand consistency and quality control. Buildingstars aims to protect its brand image and customer relationships by controlling what services are offered under its name and how the brand is advertised. This is a common practice in franchising, where maintaining a consistent brand image is crucial for success. Franchisees benefit from the established brand recognition but must adhere to the franchisor's standards and guidelines.
Buildingstars also requires franchisees to comply with all applicable laws and regulations, including obtaining necessary licenses and permits. Franchisees must maintain minimum inventory levels as directed by Buildingstars and conduct business with honesty and integrity. They must also participate personally in the business full-time and ensure their employees treat customers fairly and ethically. These obligations are designed to ensure the business operates legally, ethically, and in a manner that upholds the reputation of Buildingstars.