factual

Who is released from claims by the FRANCHISE OWNER(S) and FRANCHISEE in the Clear Pest Pros agreement?

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's 2025 Franchise Disclosure Document, the franchise agreement includes a mutual release of claims. Specifically, the Franchise Owner(s) and Franchisee, along with their employees, agents, heirs, successors, and assigns, release Clear Pest Pros (referred to as the Franchisor) and its directors, officers, shareholders, employees, agents, legal representatives, successors, and assigns. This release covers any and all claims, actions, causes of action, demands, costs, losses, expenses, and suits of any kind that either party may have against the other.

This release applies to any acts or omissions occurring prior to the date of the release. This means that after signing the release, neither the franchisee nor Clear Pest Pros can bring legal action against the other for issues that arose before the release date. This is a standard clause in many franchise agreements, intended to provide both parties with a clean slate moving forward, especially in the context of renewing or modifying the franchise agreement.

For a prospective Clear Pest Pros franchisee, this clause highlights the importance of carefully reviewing all aspects of the franchise relationship before signing any release. It is crucial to identify and address any outstanding issues or potential claims before agreeing to release Clear Pest Pros from liability. Franchisees should seek legal counsel to fully understand the implications of this release and ensure that their rights are protected.

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.