How can the Clear Pest Pros Release be modified or waived?
Clear_Pest_Pros Franchise · 2025 FDDAnswer from 2025 FDD Document
If you satisfy all of the other conditions to the awarding of a Renewal Term, you promise to sign the then-current franchise agreement and any ancillary agreements for Clear Pest Pros Businesses, which may include a different Royalty and/or Territory. You and we further promise to sign a mutual general release, in a form satisfactory to us, of any and all claims against either of us and our respective shareholders, officers, directors, employees, agents, successors, and assigns. Such requirement to sign a general release is subject to change in our sole discretion.
Source: Item 22 — CONTRACTS (FDD pages 67–68)
What This Means (2025 FDD)
According to Clear Pest Pros's 2025 Franchise Disclosure Document, when renewing a franchise agreement, both Clear Pest Pros and the franchisee must sign a mutual general release. This release covers any claims against either party and their respective shareholders, officers, directors, employees, agents, successors, and assigns. However, the requirement to sign this general release is subject to change at Clear Pest Pros's sole discretion.
This means that while a general release is typically required during franchise renewal, Clear Pest Pros retains the right to modify or waive this requirement. A prospective franchisee should be aware that the terms of renewal, including the necessity of a general release, can change.
For a potential Clear Pest Pros franchisee, this clause introduces an element of uncertainty. While a mutual release is a fairly standard practice to prevent future legal disputes, the fact that Clear Pest Pros can unilaterally change this requirement means franchisees have less predictability regarding the renewal process. It would be prudent for a prospective franchisee to discuss this clause with Clear Pest Pros to understand the circumstances under which the release might be modified or waived and what factors influence that decision.