Does Clear Pest Pros reserve the right to franchise others to operate Clear Pest Pros Businesses?
Clear_Pest_Pros Franchise · 2025 FDDAnswer from 2025 FDD Document
er:* 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.
You have applied for a franchise to own and operate a Clear Pest Pros Business. Subject to all of the terms and conditions of this Agreement, we hereby award you a franchise (the "Franchise") to operate a Clear Pest Pros Business utilizing the System and the Marks in the Territory that you and we have agreed to as described on the Summary Page and in Section 1.D below. We will not allow another Clear Pest Pros franchisee or Company Store to perform work within your Territory, except as outlined in Section 1.D below, unless you are not in full compliance with this Agreement.
The Franchise Agreement grants you the right to operate the Clear Pest Pros Business only within the Territory defined in the Franchise Agreement.
The term of the franchise will be ten (10) years (the "Initial Term") commencing on the date of this Agreement.
You must at all times faithfully, honestly, and diligently perform your obligations under the Franchise Agreement. Except as stated herein, you must designate at least one managing owner (the "Managing Owner") who will be our primary individual contact with your Clear Pest Pros Business and who we will approve in our sole discretion. A Managing Owner may, in our sole discretion, serve as the Managing Owner of more than one Clear Pest Pros Business that is owned by you; provided, however, that we may, in our sole discretion, require you to designate a person who will serve as the primary individual contact for this Clear Pest Pros Business (the "Designated Manager"). We must approve of the Designated Manager in writing, which we may grant in our sole discretion. The Managing Owner and, if applicable, the Designated Manager, must successfully complete our JumpStart and Initial Training Programs as described in and required by the Franchise Agreement. The Designated Manager is not required to have an ownership interest in the Clear Pest Pros Business. The Designated Manager must sign our prescribed form of confidentiality and non-compete agreement.
Source: Item 22 — CONTRACTS (FDD pages 67–68)
What This Means (2025 FDD)
According to the 2025 Clear Pest Pros Franchise Disclosure Document, Clear Pest Pros retains the right to franchise others. The Franchise Agreement grants the franchisee the right to operate a Clear Pest Pros Business within a specific territory, which consists of a set of zip codes. Clear Pest Pros will not allow another franchisee or Company Store to perform work within the franchisee's territory, unless the franchisee is not in full compliance with the Franchise Agreement.
Clear Pest Pros also retains the right to offer and sell services and products anywhere that does not comprise a part of the franchisee's territory, and to exploit their Marks, name, reputation, and know-how in connection with this right. They can solicit and perform pest management services in any geographic market within or outside the franchisee's territory. Clear Pest Pros also has the right to acquire businesses providing similar services to those provided under the System and to be acquired by such a business.
Clear Pest Pros and its affiliates may sell products under the Marks within and outside the territory through any method of distribution, including the Internet, catalog sales, telemarketing, or other direct marketing sales. However, within the franchisee's territory, this cannot be through a Clear Pest Pros Business as long as the franchisee is in compliance with the Franchise Agreement. Clear Pest Pros and its affiliates may use Alternative Distribution Channels to make sales within the territory of products or services under trademarks different from the Marks the franchisee will use under the Agreement.