In the event of a conflict of laws, which law prevails for Clear Pest Pros?
Clear_Pest_Pros Franchise · 2025 FDDAnswer from 2025 FDD Document
Nothing contained in this Agreement will be construed as requiring the commission of any act contrary to law. Whenever there is any conflict between any provision of this Agreement, the Clear Pest Pros owners' intranet website, or the Operations Manual, and any present or future statute, law, ordinance, or regulation, contrary to which the parties have no legal right to contract, the latter will prevail, but if the provisions of this Agreement, or the Operations Manual thus affected, will be curtailed and limited only if necessary to bring them within the requirements of the law. In the event that any part, article, paragraph, sentence, or clause of this Agreement, the Clear Pest Pros owners' intranet website, or the Operations Manual, will be held to be indefinite, invalid, or otherwise unenforceable, the indefinite, invalid, or unenforceable provision will be deemed deleted, and the remaining part of this Agreement will continue in full force and effect.
If any covenant in this Agreement which restricts competitive activity is deemed unenforceable by virtue of its scope in terms of area, prohibited business activity, and/or length of time, but would be enforceable by reducing any part or all of the covenant, you and we agree that the covenant will be enforced to the fullest extent permissible under the laws and public policies applied in the jurisdiction whose law is applicable to the validity of the covenant.
If any applicable and binding law or rule of any jurisdiction requires a greater prior notice of termination, or refusal to renew, than this Agreement, the prior notice or other action required by such law or rule will be substituted for the notice requirements of this Agreement. Such modification to this Agreement will be effective only in such jurisdiction and this Agreement will otherwise be enforced as originally made and entered into in all other jurisdictions.
Source: Item 22 — CONTRACTS (FDD pages 67–68)
What This Means (2025 FDD)
According to Clear Pest Pros's 2025 Franchise Disclosure Document, if there is a conflict between any provision of the franchise agreement, the Clear Pest Pros owners' intranet website, or the Operations Manual, and any present or future statute, law, ordinance, or regulation, the statute, law, ordinance, or regulation will prevail. This applies only when the parties have no legal right to contract contrary to such statutes, laws, ordinances, or regulations.
This means that Clear Pest Pros franchisees must operate their businesses in compliance with all applicable laws and regulations. If any part of the franchise agreement is found to be invalid or unenforceable under the law, that part will be removed, but the rest of the agreement will remain in effect. This ensures that the franchise agreement remains compliant with legal requirements and that franchisees are not required to take actions that violate the law.
Furthermore, if any covenant restricting competitive activity is deemed unenforceable due to its scope, it will be enforced to the fullest extent permissible under the laws and public policies of the applicable jurisdiction. Additionally, if any law requires a greater prior notice of termination or refusal to renew than what is stated in the agreement, the law's requirement will supersede the agreement's notice requirements, but only in that specific jurisdiction. This ensures that Clear Pest Pros franchisees receive the legally required notice in their area.
Clear Pest Pros seeks to balance the enforcement of its franchise agreement with adherence to local, state, and federal laws. Franchisees should be aware of the laws in their jurisdiction and how they might affect the franchise agreement.