For Clear Pest Pros franchisees in Washington, what is the effect of provisions that unreasonably restrict the statute of limitations period?
Clear_Pest_Pros Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Statute of Limitations and Waiver of Jury Trial.
Provisions contained in the franchise agreement or related agreements that unreasonably restrict or limit the statute of limitations period for claims under the Washington Franchise Investment Protection Act, or rights or remedies under the Act such as a right to a jury trial, may not be enforceable.
Source: Item 22 — CONTRACTS (FDD pages 67–68)
What This Means (2025 FDD)
According to Clear Pest Pros's 2025 Franchise Disclosure Document, provisions in the franchise agreement that unreasonably restrict or limit the statute of limitations period for claims under the Washington Franchise Investment Protection Act may not be enforceable for franchisees in Washington. This also applies to rights or remedies under the Act, such as the right to a jury trial. This means that if the franchise agreement attempts to shorten the time a franchisee has to bring a claim under the Washington Franchise Investment Protection Act, that restriction may not hold up in court.
This protection ensures that Clear Pest Pros franchisees in Washington have a fair opportunity to pursue legal claims related to their franchise investment. The Washington Franchise Investment Protection Act is designed to protect franchisees from unfair practices by franchisors, and this provision prevents Clear Pest Pros from undermining that protection through overly restrictive limitations periods.
Prospective Clear Pest Pros franchisees in Washington should be aware of this protection and consult with an attorney if they believe their rights under the Washington Franchise Investment Protection Act have been violated. It is important to understand the statute of limitations for various claims and to ensure that the franchise agreement does not unfairly limit their ability to seek legal recourse.