What agreements related to the Clear Pest Pros franchise are attached to the Disclosure Document?
Clear_Pest_Pros Franchise · 2025 FDDAnswer from 2025 FDD Document
| Provision | Section in Franchise agreement | Summary | |
|---|---|---|---|
| t. | Integration/merger clause | Section 15.L | Only the terms of the Franchise Agreement are binding (subject to state law). Any representations or promises outside of the disclosure document and Franchise Agreement may not be enforceable. Notwithstanding the foregoing, nothing in any agreement or any related agreement is intended to disclaim the representations made in this Franchise Disclosure Document, its exhibits and amendments. |
| u. | Dispute resolution by arbitration | Sections 15.F.1 and 15.F.2 | You must bring any disputes arising out of the Franchise Agreement or any other agreement with us to our President prior to bringing a claim before any third party in an attempt to resolve the dispute internally. After exhaustion of this internal dispute resolution procedure, at our option, all claims or disputes between you and us must be submitted first to binding arbitration in Ann Arbor, Michigan, in accordance with the American Arbitration Association’s Commercial Arbitration Rules then in effect (subject to state law). |
| v. | Choice of forum | Section 15.F.3 | All claims not subject to arbitration must be commenced in the state or federal court of general jurisdiction, in Washtenaw County, Michigan or the United States District Court for the Eastern District of Michigan (subject to state law). |
| w. | Choice of law | Section | Except for federal law, Michigan law applies (subject to state |
| 15.H | law). |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION. (FDD pages 58–63)
What This Means (2025 FDD)
According to Clear Pest Pros' 2025 Franchise Disclosure Document, several agreements are related to the franchise agreement. These include clauses addressing integration/merger, dispute resolution via arbitration, choice of forum, and choice of law. The integration/merger clause specifies that only the terms of the Franchise Agreement are binding, subject to state law, and that representations outside the disclosure document and Franchise Agreement may not be enforceable. However, the document clarifies that this does not disclaim representations made within the Franchise Disclosure Document and its exhibits.
Dispute resolution mandates an internal process involving the President before any third-party claims. After this, at the franchisor's option, disputes must be submitted to binding arbitration in Ann Arbor, Michigan, following the American Arbitration Association’s Commercial Arbitration Rules. Any claims not subject to arbitration must be initiated in the state or federal court of general jurisdiction in Washtenaw County, Michigan, or the United States District Court for the Eastern District of Michigan. Except for federal law, Michigan law governs the Franchise Agreement.
These provisions dictate how disputes are handled, where legal actions can be taken, and which laws govern the agreement. Prospective franchisees should carefully review these sections to understand their rights and obligations regarding dispute resolution, legal recourse, and the legal framework governing their franchise agreement with Clear Pest Pros.