What does the Clear Pest Pros agreement say about claims arising from acts or omissions?
Clear_Pest_Pros Franchise · 2025 FDDAnswer from 2025 FDD Document
Neither you nor we will make any express or implied agreements, warranties, guarantees, or representations or incur any debt in the name of or on behalf of the other party, or represent that the relationship between you and us is other than that of franchisor and franchisee. We do not assume any liability, and will not be deemed liable for any agreements, representations, or warranties made by you which are not expressly authorized under this Agreement, for any damages to any person or property which directly or indirectly arise from or relate to your operation of the Clear Pest Pros Business authorized by this Agreement.
Source: Item 22 — CONTRACTS (FDD pages 67–68)
What This Means (2025 FDD)
According to Clear Pest Pros' 2025 Franchise Disclosure Document, the franchise agreement addresses liability for the acts or omissions of either the franchisee or the franchisor. Specifically, Clear Pest Pros states that neither party will make any agreements, warranties, or representations on behalf of the other, nor incur any debt in the other party's name, clarifying that the relationship is strictly that of franchisor and franchisee.
Clear Pest Pros explicitly states it does not assume liability for any unauthorized agreements, representations, or warranties made by the franchisee. Furthermore, Clear Pest Pros will not be liable for damages to any person or property that arise from the franchisee's operation of the Clear Pest Pros Business, as authorized by the franchise agreement. This clause emphasizes the franchisee's responsibility for their own business operations and any consequences stemming from them.
This section of the agreement serves to protect Clear Pest Pros from legal claims and financial liabilities resulting from the franchisee's actions. It reinforces the independent contractor status of the franchisee and ensures that Clear Pest Pros is not held responsible for the franchisee's business practices or any damages they may cause. Prospective franchisees should carefully consider this clause and understand that they are solely responsible for the operation of their Clear Pest Pros Business and any liabilities that may arise.