In the event of conflicting provisions between the Clear Pest Pros Lease and the Assignment, which document governs?
Clear_Pest_Pros Franchise · 2025 FDDAnswer from 2025 FDD Document
To the extent that any terms in this Agreement conflict with those in the Operations Manual, this Agreement shall govern and supersede such conflicting terms.
Source: Item 22 — CONTRACTS (FDD pages 67–68)
What This Means (2025 FDD)
According to Clear Pest Pros's 2025 Franchise Disclosure Document, in situations where there is a conflict between the terms of the Franchise Agreement and the Operations Manual, the Franchise Agreement takes precedence. Specifically, the FDD states that if any terms in the Franchise Agreement conflict with those in the Operations Manual, the Franchise Agreement will govern and supersede the conflicting terms.
This means that as a Clear Pest Pros franchisee, you should always refer to the Franchise Agreement as the primary source of guidance. If there's a discrepancy between the agreement and the Operations Manual, the agreement is what you must follow to remain compliant with the franchise terms. This hierarchy is common in franchising to ensure that the core contractual obligations are clear and take precedence over operational guidelines that may evolve over time.
This clause protects both Clear Pest Pros and the franchisee by establishing a clear order of authority between the two documents. It ensures that the most critical aspects of the franchise relationship, as defined in the Franchise Agreement, are upheld. Franchisees should be aware of this provision and consult the Franchise Agreement first when questions or conflicts arise to avoid unintentional breaches of contract.