factual

Who is included in the release of claims by the Clear Pest Pros Franchisor?

Clear_Pest_Pros Franchise · 2025 FDD

Answer from 2025 FDD Document

    1. FRANCHISE OWNER(S) and FRANCHISEE, for themselves and for their employees, agents, heirs, successor and assigns, and for every other person, firm, entity, and/or corporation succeeding to the interest of FRANCHISE OWNER(S) and/or FRANCHISEE, hereby releases, acquits, and forever discharges FRANCHISOR and its directors, officers, shareholders, employees, agents, legal representatives, successors and assigns, and every other person, firm, entity, and/or corporation succeeding to its interests, from any and all claims, actions, causes of action, demands, costs, losses, expenses and suits whatsoever and of every conceivable kind, character, and nature, whether absolute or contingent, and whether known or unknown, which either party may have against the other, by reason of, or arising out of, or in any way related to any acts or omissions of the other party occurring prior to the date of this Release.

Source: Item 22 — CONTRACTS (FDD pages 67–68)

What This Means (2025 FDD)

According to Clear Pest Pros' 2025 Franchise Disclosure Document, the release of claims by the Franchise Owner(s) and Franchisee includes themselves and their employees, agents, heirs, successors, and assigns. It extends to every other person, firm, entity, and/or corporation succeeding to their interests. This release acquits and forever discharges Clear Pest Pros and its directors, officers, shareholders, employees, agents, legal representatives, successors, and assigns, as well as every other person, firm, entity, and/or corporation succeeding to its interests.

This release covers any and all claims, actions, causes of action, demands, costs, losses, expenses, and suits whatsoever. It encompasses every conceivable kind, character, and nature, whether absolute or contingent, and whether known or unknown. These claims may arise against Clear Pest Pros by reason of, or arising out of, or in any way related to any acts or omissions of Clear Pest Pros occurring prior to the date of the release.

In practical terms, this means that upon signing the release, the franchisee gives up the right to sue Clear Pest Pros for any past actions or omissions, except for those claims that cannot be waived under applicable state franchise laws. This is a significant commitment, as it potentially limits the franchisee's legal recourse against Clear Pest Pros. Franchisees should carefully consider this provision and consult with an attorney to fully understand its implications before signing.

It is important to note that this release is mutual, meaning Clear Pest Pros also releases the franchisee from claims. This mutual release is contingent upon the execution of new renewal Franchise Agreements, which replace the original agreements and continue the Franchise Owner's rights to operate a Clear Pest Pros business within a defined territory.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.