What geographic areas are covered by the Clear Pest Pros covenant not to compete?
Clear_Pest_Pros Franchise · 2025 FDDAnswer from 2025 FDD Document
For a period of 24 months from the time of expiration or termination of this Agreement, you and your owners and, if applicable, your Designated General Manager, shall not (a) engage as an owner, shareholder, partner, director, officer, employee, consultant, salesperson, representative, or agent or in any other capacity in any business offering pest management for all manner of ants, spiders, roaches, stinging pests, flying pests and rodents on a recurring and/or one time basis, and other related services, (b) solicit business from Customers of your former Clear Pest Pros Business
or contact any of our suppliers or vendors for any competitive business purpose, or (c) divert or attempt to divert any business or Customer of the Clear Pest Pros Business to any competitor, by direct or indirect inducement or otherwise, or do or perform, directly or indirectly, any other act injurious or prejudicial to the goodwill associated with the Marks or the System or engage in any business relationship with any contacts with Customers or former Customers of the Clear Pest Pros Business, whether with respect to collection of accounts receivable, or to provide them services, or for any other purpose whatsoever, within:
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- the Territory as defined in this Agreement;
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- the geographic area encompassed by the Territories of any Clear Pest Pros franchisees, Company Stores, or any other Clear Pest Pros business operator, as of the date of the termination or expiration of this Agreement; or
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- a geographic area that is contained in a circle having a radius of 50 miles outward from the outside boundary of the Territory as defined in this Agreement.
Source: Item 22 — CONTRACTS (FDD pages 67–68)
What This Means (2025 FDD)
According to Clear Pest Pros's 2025 Franchise Disclosure Document, the covenant not to compete restricts a franchisee from engaging in competitive business activities for 24 months after the termination or expiration of the franchise agreement. This restriction applies to the franchisee, their owners, and, if applicable, their Designated General Manager.
The geographic areas covered by this covenant include three specific zones. First, the franchisee is restricted within the territory defined in the Franchise Agreement itself. Second, the covenant extends to the geographic areas encompassed by the territories of any other Clear Pest Pros franchisees, Company Stores, or any other Clear Pest Pros business operators, as these territories exist on the date of termination or expiration of the agreement. Finally, the covenant covers a zone extending 50 miles outward from the boundary of the franchisee's territory.
These restrictions prevent a former Clear Pest Pros franchisee from leveraging the brand's goodwill and customer relationships to unfairly compete with existing franchisees or the company itself. The non-compete applies to offering pest management services for ants, spiders, roaches, stinging pests, flying pests, and rodents on a recurring or one-time basis, as well as related services. It also prohibits soliciting business from former Clear Pest Pros customers or engaging in business relationships with contacts of the Clear Pest Pros business.