What is the relationship governed by the Clear Pest Pros Franchise Agreement?
Clear_Pest_Pros Franchise · 2025 FDDAnswer from 2025 FDD Document
Following your evaluation of the System, you have expressed to us your desire to obtain the right to develop, own, and be franchised to operate a Clear Pest Pros Business.
This Agreement governs the ongoing relationship between you and us.
B. DEFINITIONS AND ACRONYMS.
The following terms which are used in this Section and throughout this Agreement are defined as follows:
Affiliate: Any person or entity directly or indirectly owned or controlled by, under common control with, or owning or controlling you or us. For purposes of this definition, "control" means the power to direct or cause the direction of management and policies.
Clear Pest Pros Affiliates: A collective reference for Clear Pest Pros franchisee(s), Company Store(s), us and/or Safer Home Services North America, LLC.
Clear Pest Pros Corporate Territory: The zip-codes that are owned by us, and have not been awarded to a Clear Pest Pros franchisee or a Company Store.
Chain Customer: A non-residential customer, a group of customers, a partner or group of partners that operate under a common ownership or control, under the same trademarks or service marks through independent franchises, or some other association located at multiple addresses.
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Company Store: A Clear Pest Pros office that is owned by Safer Home Services North America, LLC.
Customer: Any person or company who purchases goods or services from you. It includes those who make the purchase on their own behalf as well as those who purchase on the behalf of a third party.
Territory: The specific area where the Clear Pest Pros Business is to be operated, which consists of a set of zip codes.
C. AWARD OF FRANCHISE.
Source: Item 22 — CONTRACTS (FDD pages 67–68)
What This Means (2025 FDD)
According to Clear Pest Pros's 2025 Franchise Disclosure Document, the Franchise Agreement governs the ongoing relationship between the franchisee and franchisor. The franchisee is granted the right to operate a Clear Pest Pros business within a specific territory, utilizing the Clear Pest Pros system and marks. The agreement explicitly states that the franchisee operates as an independent contractor and is not considered an employee of Clear Pest Pros for any purpose. The initial term of the franchise is ten years, commencing on the date of the agreement.
During the term of the Franchise Agreement, the franchisee is expected to diligently perform their obligations and maintain confidentiality regarding trade secrets and confidential information received from Clear Pest Pros. This includes operating procedures, customer lists, and other proprietary information. The franchisee is also restricted from engaging in any business that offers similar pest management services, or using Clear Pest Pros's confidential information for any business other than the franchised Clear Pest Pros Business.
Post-termination, the franchisee is subject to a non-compete clause for 24 months, preventing them from engaging in similar pest management businesses within the territory defined in the Franchise Agreement or soliciting business from former Clear Pest Pros customers. This extends to territories of other Clear Pest Pros franchisees or company stores. These restrictions aim to protect the goodwill associated with the Clear Pest Pros brand and system.
The Franchise Agreement emphasizes that neither party can incur debt or make agreements on behalf of the other, and Clear Pest Pros assumes no liability for unauthorized agreements or damages arising from the franchisee's operation of the business. The franchisee must identify themselves as an independent owner operating under a franchise agreement with Clear Pest Pros in all dealings with customers and suppliers.