Can Clear Pest Pros seek injunctive relief without bond?
Clear_Pest_Pros Franchise · 2025 FDDAnswer from 2025 FDD Document
Termination or expiration of this Agreement shall not affect, modify or discharge any claims, rights, causes of action or remedies which we may have against you, whether such claims or rights arise before or after termination or expiration, including, without limitation, our rights to receive or collect fees or other amounts payable by you under this Agreement, to enforce the provisions of this Agreement against you, to sue for damages, seek and obtain ex-parte or other injunctive relief, to pursue any other legal or equitable remedy for breach of this Agreement, or otherwise constitute a waiver of any of our other rights upon the occurrence of an event giving rise
to our right to terminate.
Source: Item 22 — CONTRACTS (FDD pages 67–68)
What This Means (2025 FDD)
According to the 2025 Clear Pest Pros Franchise Disclosure Document, termination or expiration of the agreement does not prevent Clear Pest Pros from pursuing legal remedies against the franchisee. This includes the right to seek and obtain ex-parte or other injunctive relief.
This means that even after the franchise agreement ends, Clear Pest Pros retains the right to take legal action against the franchisee for breaches of the agreement. Injunctive relief is a court order that requires a party to do or cease doing a specific action. The FDD specifies that Clear Pest Pros can seek and obtain ex-parte injunctive relief, which means they can obtain a temporary injunction without prior notice to the franchisee.
The document does not specify whether Clear Pest Pros is required to post a bond in order to obtain injunctive relief. A bond is a sum of money that the party seeking the injunction must pay to the court, which can be used to compensate the other party if the injunction is later found to be wrongfully issued. The absence of this detail means that prospective franchisees should seek clarification on this matter.
Therefore, a prospective Clear Pest Pros franchisee should seek clarification from the franchisor regarding the bond requirement for injunctive relief to fully understand their potential liabilities and obligations under the franchise agreement.