What is the document referred to as the 'Assignment' for Clear Pest Pros?
Clear_Pest_Pros Franchise · 2025 FDDAnswer from 2025 FDD Document
reimburse us for all amounts that we have paid, or have been obligated to pay, on your behalf for any unpaid tax liability, provided, however, that we are not obligated to pay these or any other payments on your behalf.
10. TRANSFER.
A. BY US.
This Agreement is fully transferable by us and will inure to the benefit of any transferee or other legal successor to our interests herein.
B. BY YOU.
You acknowledge and agree that we have entered into this Agreement with you based on your personal qualifications, experience, skills, character, etc. Thus, you cannot Transfer this Agreement. "Transfer" shall mean any voluntary, involuntary, direct, or indirect, in whole or in part, assignment, sale, gift, encumbrance, lease, merger, bequest, change in control, or other disposition of 1) this Agreement or any rights thereunder, 2) the Clear Pest Pros Business or its assets, 3) any part of your ownership interest in the assets of the Clear Pest Pros Business, or 4) any part of your the equity/ownership interest in the Franchisee entity, or a grant of an option, warrant or right to acquire an equity or ownership interest, including but not limited to by divorce, insolvency, probate or intestate succession, trust, or other operation of law. All Transfers require our prior written approval and subject to the conditions below.
Source: Item 22 — CONTRACTS (FDD pages 67–68)
What This Means (2025 FDD)
According to Clear Pest Pros' 2025 Franchise Disclosure Document, the 'Assignment' refers to the transfer of the Franchise Agreement. Clear Pest Pros retains the right to transfer the agreement, which will benefit any transferee or legal successor.
However, franchisees face restrictions on transferring their agreements. Clear Pest Pros emphasizes that the agreement is based on the franchisee's personal qualifications. Therefore, franchisees cannot transfer the agreement without prior written approval from Clear Pest Pros. The term 'Transfer' encompasses various scenarios, including assignment, sale, gift, or any change in ownership.
Clear Pest Pros will not unreasonably withhold approval for a transfer if certain conditions are met. These conditions are determined at Clear Pest Pros' discretion. If a franchisee attempts to transfer the agreement without approval, it will be considered void and a breach of the agreement.