What is the name of the payment schedule attached to the Clear Pest Pros promissory note?
Clear_Pest_Pros Franchise · 2025 FDDAnswer from 2025 FDD Document
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- in the case of an installment sale, a transaction where Franchisee provides financing to transferee, transferee pays Franchisee via a promissory note or other structured payment plan, Franchisee must continue to guarantee performance and all payment obligations to Franchisor under this Agreement until the final closing of the installment sale or final payment of such structured payment arrangement;
Source: Item 22 — CONTRACTS (FDD pages 67–68)
What This Means (2025 FDD)
According to the 2025 FDD, if a Clear Pest Pros franchisee finances any part of the sale price to a transferee, and the transferee pays the franchisee via a promissory note or other structured payment plan, the franchisee must continue to guarantee performance and all payment obligations to Clear Pest Pros until the final closing of the installment sale or final payment of such structured payment arrangement. The FDD refers to this arrangement as a "promissory note or other structured payment plan."
This means that if a franchisee sells their Clear Pest Pros business and provides financing to the buyer, the original franchisee remains responsible for the business's obligations to Clear Pest Pros until the buyer completes all payments. This protects Clear Pest Pros by ensuring that the original franchisee remains liable for royalties and other fees, even after transferring the business operations to someone else.
For a prospective Clear Pest Pros franchisee, this highlights the importance of carefully vetting any potential buyers if they plan to offer financing. The franchisee should ensure the buyer is financially stable and capable of meeting the ongoing obligations to Clear Pest Pros. Otherwise, the franchisee could be held responsible for the buyer's debts or failures, even after selling the business. This clause aims to mitigate risks for Clear Pest Pros during franchise transfers involving financing.