Does the Clear Pest Pros franchise agreement guarantee a franchisee's success?
Clear_Pest_Pros Franchise · 2025 FDDAnswer from 2025 FDD Document
ntrary 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.
You agree that no modifications of this Agreement (except those specifically authorized herein) shall be effective except those in writing and signed by both parties. You acknowledge that you have not received any express or implied representations or warranties regarding the sales, earnings, income, profits, gross revenues, business or financial success, value of the franchise, provided by us or our representatives or any other matters pertaining to the franchise from us or any of our officers, employees or agents that were not contained in this Agreement or the Franchise Disclosure Document received by you (hereinafter "Representations"). You further acknowledge that if you had received any such Representations, you would not have executed this Agreement, and you would have: (a) promptly notified us in writing of the person or persons making such Representations; and (b) provided to us a specific written statement detailing the Representations made. You acknowledge that we justifiably have relied on your representations made before the execution of this Agreement. Nothing in this Agreement is intended, nor is deemed, to confer any rights or remedies upon any person or legal entity not a party to this Agreement.
Except where this Agreement expressly obligates us reasonably to approve or not unreasonably to withhold our approval of any of your actions or requests, we have the absolute right, in our sole discretion, to refuse any request you make or to withhold our approval of any of your proposed initiated or effected actions that require our approval.
The headings of the sections and paragraphs in this Agreement are for convenience only and do not define, limit, or construe the contents of such sections or paragraphs.
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 does not guarantee a franchisee's success. The agreement explicitly states that franchisees acknowledge they have not received any guarantees or warranties regarding sales, earnings, income, profits, gross revenues, business or financial success, or the value of the franchise from Clear Pest Pros or its representatives, except as contained in the agreement or the Franchise Disclosure Document.
Furthermore, the agreement emphasizes that franchisees are entering into the agreement based on their own independent investigation of the Clear Pest Pros business, and not as a result of any representations made by Clear Pest Pros that contradict the terms of the agreement or the disclosure document. This underscores the importance of conducting thorough due diligence and not relying solely on verbal assurances or projections.
Clear Pest Pros also clarifies that some franchisees may be more or less successful than others, and they make no representation that a new franchisee will perform as well as any other franchisee. This acknowledgement highlights the inherent risks and uncertainties associated with any business venture, including franchising, and emphasizes that individual success depends on various factors, including the franchisee's skills, effort, and local market conditions. This is a common disclaimer in franchise agreements, as franchisors cannot control the specific circumstances of each franchise location or guarantee financial outcomes.