What happens to the obligations of both Clear Pest Pros and the franchisee that survive the expiration or termination of the Franchise Agreement?
Clear_Pest_Pros Franchise · 2025 FDDAnswer from 2025 FDD Document
est 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.
E. CONTINUING OBLIGATIONS AND OTHER OBLIGATIONS.
All of our and your obligations that expressly or by their nature survive the expiration or termination of this Agreement, will continue in full force and effect subsequent to and notwithstanding its expiration or termination, until they are satisfied in full or by their nature expire.
If, within five (5) days after termination or expiration of this Agreement, you fail to remove all displays of the Marks, we may enter the Clear Pest Pros Business to effect removal. In this event, you agree that you may not file any complaint or action against us for trespass or any other violation or claim, nor shall we be accountable or required to pay for any displays or materials. You agree that this Agreement shall constitute your complete consent to such entry set forth in this Section.
If, within 30 days after termination or expiration, you have not taken all steps necessary to amend or terminate any registration, telephone number, email address, domain name, URL, or filing of any business name or DBA or any other registration or filing containing the Marks or any names and marks which are identified or associated with the Marks and System, you hereby irrevocably appoint us as your true and lawful attorney-in-fact for you, and in your name, place and stead and on your behalf, to take action as may be necessary to amend or terminate all registrations and filings, this appointment being coupled with an interest to enable us to protect the Marks and System. We may, at our discretion, choose to have your telephone numbers, domain names and/or URLs forwarded or directed to us.
You shall permit us to make final inspection of your financial records, books, and other accounting records within eighteen (18) months of the effective date of termination, expiration, or transfer.
Termination or expiration of this Agreement shall not affect, modify or discharge any claims, rights, causes of action or remedies which we may have against you, whether such claims or rights arise before or after termination or expiration, including, without limitation, our rights to receive or collect fees or other amounts payable by you under this Agreement, to enforce the provisions of this Agreement against you, to sue for damages, seek and obtain ex-parte or other injunctive relief, to pursue any other legal or equitable remedy for breach of this Agreement, or otherwise constitute a waiver of any of our other rights upon the occurrence of an event giving rise
to our right to terminate. We shall not be obligated following any such termination, expiration or cancellation, to refund any amount previously paid by you under the terms of this Agreement.
You shall, for three (3) years following any termination or expiration of this Agreement, keep us advised of your current business and residence address and telephone numbers, as well as the business address and phone number of your employer and the employer(s) of any of your principal owners.
Upon expiration or termination, you shall allow us, our affiliates and our franchisees to solicit your employees for employment.
You shall not form, adopt or use in connection with, or in the name of, any subsequent business the terms or term "Clear Pest Pros" or any term confusingly similar to such term or any other term which may have the effect of creating confusion or question regarding his/her affiliation with the System or us.
14. RELATIONSHIP OF THE PARTIES/INDEMNIFICATION.
**A.
Source: Item 22 — CONTRACTS (FDD pages 67–68)
What This Means (2025 FDD)
According to Clear Pest Pros's 2025 Franchise Disclosure Document, several obligations persist for both the franchisee and Clear Pest Pros even after the Franchise Agreement expires or is terminated. All obligations that expressly or by their nature are meant to survive the termination or expiration of the agreement will remain in full effect until they are completely fulfilled or naturally expire.
Specifically, for a period of 24 months post-termination or expiration, the franchisee, their owners, and any designated general manager are restricted from engaging in any pest management business that competes with Clear Pest Pros. This includes being involved as an owner, shareholder, partner, employee, or consultant in such a business. They are also prohibited from soliciting business from former Clear Pest Pros customers or contacting the company's suppliers or vendors for competitive purposes. The franchisee is barred from diverting business away from Clear Pest Pros or taking any action that could harm the goodwill associated with the Clear Pest Pros brand and system.
Additionally, upon termination or expiration, the franchisee must cease using any of Clear Pest Pros's confidential information, including software, and return all copies of the Operations Manual and other confidential materials. The franchisee must also stop representing themselves as a current or former Clear Pest Pros franchisee and discontinue any business relationships with former Clear Pest Pros customers. Clear Pest Pros retains the right to inspect the franchisee's financial records within 18 months of the termination or expiration date. These measures are typical in franchising to protect the brand and prevent unfair competition from former franchisees.