Who is the Clear Pest Pros Assignment binding upon?
Clear_Pest_Pros Franchise · 2025 FDDAnswer from 2025 FDD Document
| (1) Managing Owner or Designated General Manager will operate the Clear Pest Pros Business on a full-time basis. |
|---|
| We have not made, nor have you relied on, any representation as to the past or future sales, |
| volume or potential profitability, earnings or income of the Clear Pest Pros Business, or any other |
| Clear Pest Pros Business, other than the information provided in our franchise disclosure |
| document. |
| You have had the opportunity, and have been encouraged by us, to independently |
| investigate and analyze both the Clear Pest Pros franchise opportunity and the terms and provisions |
| of this Agreement by contacting any and all of our franchise owners and by utilizing the services |
| of attorneys, accountants, or other advisors as you deem to be necessary. |
| You are not relying on any representation or statement that we have made, regarding the |
| anticipated income, earnings and growth of Clear Pest Pros outlets, the System, or the viability of |
| the Clear Pest Pros franchise opportunity. |
| Like any other business, the nature of the business conducted by Clear Pest Pros |
| Businesses may, and probably will, evolve over time. |
| Your abilities and efforts are vital to the success of the Clear Pest Pros Business. |
| Continually securing new Customers is necessary to the Clear Pest Pros Business and |
| requires you to make consistent and repeated marketing and advertising efforts through a variety |
| of mediums. |
| We have certain rights reserved to us to own and operate Clear Pest Pros Businesses, to |
| franchise or franchise others to operate Clear Pest Pros Businesses, and to otherwise use the |
| System, Marks, know-how, techniques, and procedures, including (without limitation) those |
| expressly set forth in of this Agreement. |
| We may sell our assets, Marks, or the System, outright to a third party; may go public; |
| may engage in a private placement of some or all of our securities; may merge, acquire other |
| corporations; may undertake a re-financing, re-capitalization, leverage buyout or other economic |
| or financial restructuring; and with regard to any or all of the above sales, assignments, and |
| dispositions, you expressly and agree to provide reasonable closing certificates and other |
| documentation as reasonably requested by us to conclude the transaction, and specifically waive |
| any claims, demands, or damages arising from or related to the loss of said Marks (or any variations |
| of them) and/or the loss of association with or identification of Safer Home Services International, |
| LLC, as the franchisor of this Agreement. |
Source: Item 22 — CONTRACTS (FDD pages 67–68)
What This Means (2025 FDD)
Based on the 2025 Franchise Disclosure Document, the Clear Pest Pros franchise agreement outlines several conditions and obligations related to the sale, assignment, or disposition of the franchise. Specifically, if Clear Pest Pros decides to sell its assets, marks, or the system to a third party, go public, engage in a private placement, merge with or acquire other corporations, or undertake any form of financial restructuring, the franchisee expressly agrees to provide reasonable closing certificates and other documentation as requested by Clear Pest Pros to conclude the transaction.
Furthermore, the franchisee waives any claims, demands, or damages arising from or related to the loss of the Clear Pest Pros marks or the loss of association with Safer Home Services International, LLC, as the franchisor. This indicates that the franchisee is bound to cooperate with Clear Pest Pros during such transactions and accepts the potential changes in brand ownership or association.
Additionally, in the event of a transfer of the franchise by the franchisee, the transferee must assume and agree to be bound by all outstanding obligations to customers and clients of the Clear Pest Pros Business. The franchisee, its principals, and the transferee (if there is a prior relationship with the transferee) must sign a general release of claims against Clear Pest Pros and its stakeholders. These conditions ensure that both Clear Pest Pros and any new owner of the franchise are protected during and after the transfer process.