What is Clear Pest Pros' sole liability if the Clear Pest Pros software has defects when delivered?
Clear_Pest_Pros Franchise · 2025 FDDAnswer from 2025 FDD Document
At our request, you shall purchase or lease, and thereafter maintain, the Computer System, Clear Pest Pros Software, and the Required Software. You agree to pay all fees associated with the use of Clear Pest Pros Software and any other Required Software, which may be payable to us or our approved or designated suppliers. You expressly agree to strictly comply with our thencurrent standards and specifications for all items associated with your Computer System, Clear Pest Pros Software and any Required Software, including any security software. You agree, at your own expense, to keep your Computer System in good maintenance and repair and install such upgrades, additions, changes, modifications, substitutions, and/or replacements to your Computer System or Required Software as we direct from time to time in writing. You agree that your compliance with this Section shall be at your sole cost and expense.
Source: Item 22 — CONTRACTS (FDD pages 67–68)
What This Means (2025 FDD)
Based on the 2025 Franchise Disclosure Document, the FDD does not specify Clear Pest Pros' sole liability regarding defects in the Clear Pest Pros software. However, the document does state that franchisees are responsible for all fees associated with the software and must maintain it according to Clear Pest Pros' standards.
While the FDD outlines the franchisee's obligations to maintain and update the software, it does not explicitly state what recourse a franchisee has if the software is defective upon delivery. The franchisee is required to use the Clear Pest Pros software and maintain it at their own cost, but the FDD does not mention any warranty or liability on the part of Clear Pest Pros for initial defects.
A prospective Clear Pest Pros franchisee should seek clarification from the franchisor regarding software warranties, potential liabilities for defects, and available technical support. Understanding the franchisor's responsibility for ensuring the software's functionality is crucial before investing in the franchise.