Does Clear Pest Pros consider harm from a breach of the non-compete agreement to be irreparable?
Clear_Pest_Pros Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Intent and Enforcement. It is the parties' intent that the provisions of this Article III be judicially enforced to the fullest extent permissible under applicable law. Accordingly, the parties agree that any reduction in scope or modification of any part of the noncompetition provisions contained herein will not render any other part unenforceable. In the event of the actual or threatened breach of this Article III by you, any of your principals, or any members of their immediate family, Franchisor will be entitled to an injunction restraining such person from any such actual or threatened breach. You agree that in the event of the actual or threatened breach of this Article III, Franchisor's harm will be irreparable and that Franchisor has no adequate remedy at law to prevent such harm. You acknowledge and agree that each of you has previously worked or been gainfully employed in other careers and that the provisions of this Article III in no way prevent you from earning a living. You further acknowledge and agree that the time limitation of this Article III will be tolled during any default under this Personal Guaranty.
Source: Item 22 — CONTRACTS (FDD pages 67–68)
What This Means (2025 FDD)
According to the 2025 Clear Pest Pros Franchise Disclosure Document, Clear Pest Pros considers the harm resulting from a breach of the non-compete agreement to be irreparable. This means that Clear Pest Pros believes that monetary damages alone would not be sufficient to compensate for the harm caused by a franchisee violating the non-compete agreement.
Specifically, Clear Pest Pros states that in the event of an actual or threatened breach of the non-compete agreement by a franchisee, its principals, or their immediate family members, Clear Pest Pros is entitled to seek an injunction. An injunction is a court order that would restrain the person from continuing or initiating the breach. This remedy is in addition to any other legal remedies that Clear Pest Pros may have.
Clear Pest Pros emphasizes that it has no adequate remedy at law to prevent the harm caused by a breach of the non-compete agreement. This statement reinforces the idea that Clear Pest Pros views the non-compete agreement as critical to protecting its business interests and that violations of the agreement would cause damage that is difficult to quantify in monetary terms. The FDD also notes that franchisees have previously worked in other careers and that the non-compete does not prevent them from earning a living.
This clause has significant implications for prospective franchisees. It means that if a franchisee violates the non-compete agreement, Clear Pest Pros can quickly seek a court order to stop the franchisee's actions, rather than waiting for a full trial to determine monetary damages. This can be a powerful tool for Clear Pest Pros to protect its business interests, and franchisees should carefully consider the terms of the non-compete agreement before signing the Franchise Agreement.