What are the requirements for employee non-disclosure and confidentiality agreements for a Clear Pest Pros franchise?
Clear_Pest_Pros Franchise · 2025 FDDAnswer from 2025 FDD Document
y guarantee the Clear Pest Pros Business. The Managing Owner, Designated Manager and/or key employees will need to execute non-disclosure and confidentiality agreements that we have approved. (Section 6.C. of the Franchise Agreements). We do not have a standard form, as laws vary between states; however, we do require that such agreements will prohibit disclosure, by the employee to any other person or legal entity, of any trade secrets, customer lists, or other information, knowledge, or know-how regarding the System or the operation of the Clear Pest Pros Business, which is deemed confidential or proprietary by us. Such employee non-disclosure and confidentiality agreements will, to the fullest extent permitted by applicable law, prevent employees from servicing or soliciting any of the customers of your Clear Pest Pros Business, except in their capacities as employees of the Clear Pest Pros Business. The agreements to be signed by a partner, spouse, or designated Managing Owner, will also need to include a non-compete agreement, which must comply with your state law. A fully executed copy of each agreement is to be sent to us.
ITEM 16: RESTRICTIONS ON WHAT THE FRANCHISEE MAY SELL
You must offer and provide only and all of the services that we periodically require for Clear Pest Pros franchisees in the manner that we prescribe, and you may only provide the services we have approved for Clear Pest Pros Businesses ("Services"). You may not market or perform any other services, except the Services, without our express, prior written approval. There are no limits on our right to periodically change required and/or authorized services and service categories, and we may do so at our discretion.
As described in Item 12, you may not advertise or service in any way, any customers outside the Territory, even if the area has not been awarded to another Clear Pest Pros Business or Company Store, without our prior written permission.
We will provide you with guidance regarding setting minimum and/or maximum pricing of services and hours of operation, but you will set your own pricing and schedules.
Source: Item 15 — OBLIGATION TO PARTICIPATE IN THE ACTUAL OPERATION OF THE FRANCHISE BUSINESS (FDD pages 56–57)
What This Means (2025 FDD)
According to Clear Pest Pros' 2025 Franchise Disclosure Document, franchisees must ensure that certain employees sign non-disclosure and confidentiality agreements as a condition of their employment. Specifically, these employees include Managing Owners, Designated General Managers, and sales and/or account management employees. Clear Pest Pros must specify or approve the form of these agreements.
The agreements are designed to protect Clear Pest Pros' confidential information. They must prohibit employees from disclosing trade secrets, customer lists, or any other information, knowledge, or know-how related to the Clear Pest Pros system or business operations that Clear Pest Pros deems confidential or proprietary. These agreements also aim to prevent employees, to the fullest extent permitted by law, from servicing or soliciting the franchise's customers, except in their capacity as employees of the Clear Pest Pros business.
Clear Pest Pros may require franchisees to provide copies of these fully signed agreements. It is important for prospective franchisees to understand that while Clear Pest Pros does not provide a standard form due to varying state laws, they do have specific requirements regarding the content and enforcement of these agreements. Franchisees should consult with legal counsel to ensure their agreements comply with both Clear Pest Pros' requirements and applicable state laws.