Can Clear Pest Pros establish other Clear Pest Pros businesses outside of a franchisee's territory?
Clear_Pest_Pros Franchise · 2025 FDDAnswer from 2025 FDD Document
arge you a fee of the greater of (a) $500 or (b) the total job invoice amount on the default job ("Improper Marketing or Service Fee"), and/or terminate this Agreement.
E. RIGHTS WE RESERVE.
We retain, as we deem appropriate, the rights to:
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- establish, and allow other Clear Pest Pros franchisees to establish, Clear Pest Pros Businesses at any location outside of the Territory on any terms and conditions, but subject to the same marketing restrictions upon their servicing in the Territory that you are subject to when servicing in their Territory;
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- establish, solicit, market to and build regional and national account relationships, whose offices may be located in the Territory as is further outlined in Sections 1.F and 1.H of this Agreement;
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- offer and sell services and products anywhere that does not comprise a part of the Territory and, in connection with this right, to exploit our Marks, name, reputation, and know-how;
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Source: Item 22 — CONTRACTS (FDD pages 67–68)
What This Means (2025 FDD)
According to Clear Pest Pros's 2025 Franchise Disclosure Document, Clear Pest Pros retains the right to establish or allow other franchisees to establish Clear Pest Pros businesses at any location outside of a franchisee's territory. These new businesses are subject to the same marketing restrictions regarding servicing within existing franchisees' territories. This means that while Clear Pest Pros can expand its network outside of a franchisee's territory, these new locations will face similar limitations if they attempt to solicit or perform services within another franchisee's designated area.
Clear Pest Pros also reserves the right to engage in activities such as offering and selling services and products anywhere that does not comprise a part of the Territory, and to exploit their Marks, name, reputation, and know-how in connection with this right. They can also solicit and perform pest management services for various pests on a recurring or one-time basis, both within and outside a franchisee's territory. Additionally, Clear Pest Pros can acquire businesses providing similar services.
These rights allow Clear Pest Pros to grow and manage its brand strategically, potentially leading to increased brand recognition and negotiating power. However, franchisees should be aware that Clear Pest Pros's ability to operate and franchise outside their territory could introduce competition or affect the overall market dynamics. Franchisees should seek clarification on how Clear Pest Pros plans to manage these rights to ensure a balance between brand growth and franchisee interests.