Does Clear Pest Pros encourage franchisees to independently investigate the Clear Pest Pros franchise opportunity?
Clear_Pest_Pros Franchise · 2025 FDDAnswer from 2025 FDD Document
15.L. CONSTRUCTION AND INTEGRATION. The following language shall be deleted in its entirety:
"You acknowledge that you are entering into this Agreement as a result of your own independent investigation of our Clear Pest Pros Business and not as a result of any representations about us made by our shareholders, officers, directors, employees, agents, representatives, independent contractors, or franchisees that are contrary to the terms set forth in this Agreement, or in any disclosure document, prospectus, or other similar document required or permitted to be given to you pursuant to applicable law;" and,
Source: Item 22 — CONTRACTS (FDD pages 67–68)
What This Means (2025 FDD)
According to the 2025 Clear Pest Pros Franchise Disclosure Document, the franchise agreement includes a clause emphasizing the franchisee's independent investigation of the Clear Pest Pros business. Specifically, the original agreement language stating the franchisee's acknowledgement of entering the agreement based on their own independent investigation is removed. This suggests Clear Pest Pros wants franchisees to conduct thorough due diligence before signing the agreement.
This clause protects both the franchisee and Clear Pest Pros. By acknowledging they performed their own investigation, franchisees cannot later claim they relied solely on the franchisor's representations if the business does not perform as expected. It also encourages prospective franchisees to seek advice from lawyers, accountants, and existing franchisees to fully understand the risks and opportunities associated with the Clear Pest Pros franchise.
It is common practice in the franchise industry for franchisors to encourage independent investigation by potential franchisees. This helps ensure that franchisees are making informed decisions and reduces the likelihood of future disputes. While Clear Pest Pros removes the explicit acknowledgement language, the underlying principle of independent investigation remains crucial for any prospective franchisee.