factual

Under what conditions is a Buildingstars franchisee required to pay a Customer Development Fee to Buildingstars after the termination, expiration, or transfer of the franchise agreement?

Buildingstars Franchise · 2025 FDD

Answer from 2025 FDD Document

  • G. Customer Development Fee. If, within one year after termination, expiration or transfer of this Agreement, FRANCHISEE or any employee or affiliate of FRANCHISEE shall perform for any Customer, services similar to those to be performed under this Agreement but performed outside of this Agreement, FRANCHISEE shall pay to BUILDINGSTARS a fee equal to 3 times the monthly amount agreed to be paid to FRANCHISEE, its employee or affiliate of FRANCHISEE, for such services.

Source: Item 23 — RECEIPT (FDD pages 43–217)

What This Means (2025 FDD)

According to Buildingstars's 2025 Franchise Disclosure Document, a franchisee may be required to pay a Customer Development Fee after the termination, expiration, or transfer of the franchise agreement. Specifically, if within one year after the termination, expiration, or transfer, the franchisee (or any employee or affiliate of the franchisee) performs services for a Buildingstars customer that are similar to those performed under the franchise agreement, but outside of the agreement, the franchisee must pay Buildingstars a fee.

The Customer Development Fee is calculated as three times the monthly amount agreed to be paid to the franchisee, their employee, or affiliate for such services. This condition is in place to protect Buildingstars's customer relationships and prevent franchisees from leveraging their access to customers gained during the franchise term to compete with Buildingstars shortly after the agreement ends.

This provision serves as a restrictive covenant, preventing a former Buildingstars franchisee from directly competing for a defined period. Franchisees should carefully consider this obligation, as it could significantly impact their ability to operate a similar business independently after leaving the Buildingstars system. It is important to fully understand the scope of 'similar services' and how Buildingstars determines the 'monthly amount agreed to be paid' to avoid potential disputes.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.