Where must any controversy or claim related to the Clear Pest Pros Release be litigated?
Clear_Pest_Pros Franchise · 2025 FDDAnswer from 2025 FDD Document
Notwithstanding the foregoing, we shall not be required to arbitrate, and may initiate litigation in court, in accordance with the procedure set forth in Section 15.F.4 any controversy, dispute, or claim as set forth in this Section 15.F.3 if such controversy, dispute, or claim concerns an allegation that you have violated (or threaten to violate, or pose an imminent risk of violating):
- a.
Any federally protected intellectual property rights in the Marks, the System, trade secrets, or Confidential Information;
- b.
Any claims pertaining to or arising out of any warranty issue;
- c.
Source: Item 22 — CONTRACTS (FDD pages 67–68)
What This Means (2025 FDD)
Based on the 2025 Franchise Disclosure Document, the document does not specify where controversies or claims related to a Clear Pest Pros Release must be litigated. The FDD does outline dispute resolution procedures, including internal dispute resolution and arbitration in Ann Arbor, Michigan. However, these procedures do not explicitly address controversies or claims related to a specific 'Clear Pest Pros Release.'
Item 22 outlines dispute resolution procedures, including internal dispute resolution and arbitration. Internal disputes must first be brought to the President of Clear Pest Pros. If internal resolution fails, arbitration in Ann Arbor, Michigan, under the American Arbitration Association (AAA) is required at the option of Clear Pest Pros. However, Clear Pest Pros is not required to arbitrate claims regarding intellectual property, warranty issues, or indemnification related to the Release.
Since the document does not provide specific information on where litigation related to the Clear Pest Pros Release would occur, it is important for a prospective franchisee to seek clarification from the franchisor regarding the specific venue and process for resolving such disputes. Understanding these details is crucial for assessing potential legal risks and obligations associated with the franchise agreement.