Does the Franchisee Disclosure Questionnaire for Clear Pest Pros require franchisees to acknowledge that the success of their franchise depends on various factors?
Clear_Pest_Pros Franchise · 2025 FDDAnswer from 2025 FDD Document
YOU ACKNOWLEDGE THAT NO REPRESENTATIONS, PROMISES, INDUCEMENTS, GUARANTEES OR WARRANTIES OF ANY KIND WERE MADE BY US OR ON OUR BEHALF THAT HAVE LED YOU TO ENTER INTO THIS AGREEMENT. YOU UNDERSTAND THAT WHETHER YOU SUCCEED AS A FRANCHISEE IS DEPENDENT UPON YOUR EFFORTS, BUSINESS JUDGMENTS, THE PERFORMANCE OF YOUR EMPLOYEES, MARKET CONDITIONS AND VARIABLE FACTORS BEYOND OUR CONTROL OR INFLUENCE. YOU FURTHER UNDERSTAND THAT SOME FRANCHISEES ARE MORE OR LESS SUCCESSFUL THAN OTHER FRANCHISEES AND THAT WE HAVE MADE NO REPRESENTATION THAT YOU WILL DO AS WELL AS ANY OTHER FRANCHISEE.
THE UNDERSIGNED ACKNOWLEDGES RECEIPT OF THIS AGREEMENT, WITH ALL BLANKS COMPLETED AND WITH ANY AMENDMENTS AND EXHIBITS, AT LEAST SEVEN (7) CALENDAR DAYS PRIOR TO EXECUTION OF THIS AGREEMENT. IN ADDITION, THE UNDERSIGNED ACKNOWLEDGES RECEIPT OF OUR FRANCHISE DISCLOSURE DOCUMENT AT LEAST 14 CALENDAR DAYS PRIOR TO THE EXECUTION OF THIS AGREEMENT OR YOUR PAYMENT OF ANY MONIES TO US, REFUNDABLE OR OTHERWISE.
YOU ACKNOWLEDGE THAT WE HAVE RECOMMENDED, AND THAT YOU HAVE HAD THE OPPORTUNITY TO OBTAIN, REVIEW THIS AGREEMENT AND OUR FRANCHISE DISCLOSURE DOCUMENT BY YOUR LAWYER, ACCOUNTANT OR OTHER BUSINESS ADVISOR PRIOR TO EXECUTION HEREOF.
Source: Item 22 — CONTRACTS (FDD pages 67–68)
What This Means (2025 FDD)
According to the 2025 Clear Pest Pros Franchise Disclosure Document, Section 18 of the franchise agreement includes an acknowledgement that the franchisee's success depends on various factors. Specifically, it states that success is dependent upon the franchisee's efforts, business judgments, the performance of their employees, market conditions, and variable factors beyond Clear Pest Pros's control or influence. The agreement also states that some franchisees are more or less successful than others, and Clear Pest Pros makes no representation that a franchisee will do as well as any other franchisee.
This acknowledgement is significant because it highlights that while Clear Pest Pros provides a system and brand, the franchisee's individual performance and external factors play a crucial role in the success of the business. Prospective franchisees should carefully consider their own capabilities, the local market conditions, and their ability to manage employees effectively.
The inclusion of this acknowledgement aims to manage expectations and ensure that franchisees understand the risks and responsibilities involved in operating a Clear Pest Pros franchise. It also protects Clear Pest Pros from potential claims that franchisees were guaranteed a certain level of success. Franchisees in Maryland, Washington, and California do not sign the disclosure questionnaire.