What is the effect of all counterparts together once the Clear Pest Pros Mutual Release is signed?
Clear_Pest_Pros Franchise · 2025 FDDAnswer from 2025 FDD Document
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by and between each of the parties, it is agreed and understood as follows:
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- FRANCHISE OWNER(S) and FRANCHISOR have agreed upon new renewal Franchise Agreements, to be executed contemporaneously with this Mutual Release, which will replace your original Franchise Agreements, thus continuing FRANCHISE OWNER(S) rights to operate a Clear Pest Pros business within a Territory, as defined in the Franchise Agreement in the State of [State].
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- In reliance upon the execution of renewal Franchise Agreements, the parties agree to the following mutual releases:
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- FRANCHISE OWNER(S) and FRANCHISEE, for themselves and for their employees, agents, heirs, successor and assigns, and for every other person, firm, entity, and/or corporation succeeding to the interest of FRANCHISE OWNER(S) and/or FRANCHISEE, hereby releases, acquits, and forever discharges FRANCHISOR and its directors, officers, shareholders, employees, agents, legal representatives, successors and assigns, and every other person, firm, entity, and/or corporation succeeding to its interests, from any and all claims, actions, causes of action, demands, costs, losses, expenses and suits whatsoever and of every conceivable kind, character, and nature, whether absolute or contingent, and whether known or unknown, which either party may have against the other, by reason of, or arising out of, or in any way related to any acts or omissions of the other party occurring prior to the date of this Release.
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- FRANCHISOR, for themselves and for their employees, agents, heirs, successor and assigns, and for every other person, firm, entity, and/or corporation succeeding to the interest of FRANCHISOR, hereby releases, acquits, and forever discharges FRANCHISE OWNER(S) and/or FRANCHISEE and their directors, officers, shareholders, employees, agents, legal
Source: Item 22 — CONTRACTS (FDD pages 67–68)
What This Means (2025 FDD)
According to the 2025 Clear Pest Pros Franchise Disclosure Document, when a mutual release is signed, both the franchisee and Clear Pest Pros release each other from any and all claims, actions, and causes of action. This release covers all conceivable kinds of claims, whether known or unknown, that either party may have against the other. The release applies to any acts or omissions occurring before the date of the release.
Specifically, the franchisee releases Clear Pest Pros and its directors, officers, shareholders, employees, agents, legal representatives, successors, and assigns from any claims. Similarly, Clear Pest Pros releases the franchisee, their directors, officers, shareholders, employees, agents, and legal representatives from any claims. This mutual release is contingent upon the execution of new renewal Franchise Agreements, which will replace the original agreements and allow the franchisee to continue operating a Clear Pest Pros business within a defined territory.
This agreement ensures that upon renewal, both parties start with a clean slate, free from past disputes or liabilities. For a prospective franchisee, this means that any issues or claims they might have had against Clear Pest Pros prior to the renewal are waived upon signing the release. It is a standard legal practice to provide a mutual release upon renewal of a contract to avoid future legal issues based on past events.