What is the Clear Pest Pros franchisee's obligation regarding the accuracy of background information?
Clear_Pest_Pros Franchise · 2025 FDDAnswer from 2025 FDD Document
eleted in its entirety:
"You acknowledge that you are entering into this Agreement as a result of your own independent investigation of our Clear Pest Pros Business and not as a result of any representations about us made by our shareholders, officers, directors, employees, agents, representatives, independent contractors, or franchisees that are contrary 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;" and,
"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."
4.
Source: Item 22 — CONTRACTS (FDD pages 67–68)
What This Means (2025 FDD)
According to the 2025 Clear Pest Pros Franchise Disclosure Document, a franchisee acknowledges that they have not received any representations 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, unless those representations are contained within the Franchise Agreement or the Franchise Disclosure Document itself. This means Clear Pest Pros is only responsible for information explicitly provided in those documents.
The franchisee further acknowledges that if they did receive any such representations outside of the official documents, they would have promptly notified Clear Pest Pros in writing, identifying the person making the representations and providing a specific written statement detailing those representations. This places a responsibility on the franchisee to report any unofficial claims or promises made during the franchise sales process.
Furthermore, the agreement stipulates that no statement, questionnaire, or acknowledgment signed by a franchisee can waive claims under state franchise law, including fraud in the inducement, or disclaim reliance on statements made by Clear Pest Pros or its representatives. This provision is designed to protect franchisees from inadvertently relinquishing their legal rights based on misleading information. This clause supersedes any other conflicting terms in any document related to the franchise agreement, reinforcing the importance of accurate and reliable information in the franchise relationship.