What standards of business conduct are Clear Pest Pros franchisees required to adhere to?
Clear_Pest_Pros Franchise · 2025 FDDAnswer from 2025 FDD Document
nd in Section 13.D are reasonable and necessary to protect us and other franchisees from unfair competition if this Agreement expires or is terminated for any reason.
7. SYSTEM STANDARDS.
A. COMPLIANCE WITH SYSTEM STANDARDS.
You acknowledge and agree that the operation and maintenance of your Clear Pest Pros Business according to System Standards is essential to preserve the goodwill for the Marks and all Clear Pest Pros franchisees. Therefore, at all times during the term of this Agreement, you agree that the Managing Owner or, if applicable, the Designated General Manager, devote your full-time best efforts to operate and maintain your Business according to each and every System Standard, even if you believe that a System Standard is not in the System's or your franchise's best interests. System Standards may be periodically modified and supplemented during the term of this Agreement and you must comply with any such changes immediately upon notice to you. Furthermore, you must use your best efforts to assure that your employees and representatives conduct themselves, during business hours and/or whenever they are in a vehicle with a Clear Pest Pros logo, or a company uniform with a Clear Pest Pros patch, in a manner which is consistent with the professional and ethical image of the System.
You will offer and provide all of the Services that we periodically require for Clear Pest Pros franchisees, and in the manner we prescribe.
System Standards, to be specified and periodically amended in the Operations Manual or otherwise in writing, may include, without limitation, standards and specification regarding:
-
- use and display of the Marks;
-
- Services and products which we authorize you to sell to the public;
-
- the use of supplies and equipment;
-
- a dress code, during business hours, for you, your employees and your representatives;
-
- suppliers and vendors you may use for advertising, inventory, equipment, the purchase of uniforms for you, your employees and your representatives, and other services or products you may use in or in the operation of the Clear Pest Pros Business;
-
- vehicle type, model, color, supplier, trademark representation, and appearance (no rust or body damage). These specifications are included in our Operations Manual. All vehicles purchased or leased for the Clear Pest Pros Business are to be, and maintained, in a "good" condition as defined by KELLY BLUE BOOK ("good" condition means that the vehicle is free of any major defects). The paint, body and interior must have only minor (if any) blemishes, and there may not be any major mechanical problems. In states where rust is a problem, this should be very minimal. All vehicles used in connection with the business are to be decaled as required by us
and the decals are to be free of defects. You will be required to submit photos of all vehicles used in connection with the Clear Pest Pros Business in the manner and format we prescribe;
-
- business forms and stationary;
-
- designated and approved suppliers for business assets and supplies using our Marks;
-
- types and amounts of insurance coverage;
-
- compliance with applicable laws including obtaining required licenses and permits, payment of all taxes, assessments, fees, fines, and penalties arising out of the operation of the Clear Pest Pros Business;
-
- adhering to good business practices, observing high standards of honesty, integrity, fair dealing, and ethical business conduct in all dealings with customers (including, but not limited to, maintaining, at all times, professional behavior with all Customers, vendors and our personnel), suppliers, and us, and notifying us if any action, suit, or proceeding is commenced against you or your legal entity;
-
- general operations including maintaining, at a minimum, Monday through Friday 8:00 AM to 5:00 PM business hours, sales, marketing, advertising, and promotional programs, call center usage, phone type/model/provider, and materials and media used in these programs, personnel practices, bookkeeping, accounting, data processing, and record keeping systems, and forms, methods, content, and frequency of reports to us of sales and financial performance, and the furnishing of tax returns related to the Clear Pest Pros Business and other operating and financial information to us;
-
- respond to any and all customers' inquiries or complaints within one (1) business day, and resolve it within seven (7) days of the initial complaint, to reasonably insure positive customer relations and maintain the goodwill of the System, even when such response may necessitate re-performing a task not completed to the Customer's satisfaction or a refund of moneys received;
-
- any other aspect of the operation and maintenance of your Clear Pest Pros Business that we determine periodically to be useful to preserve or enhance the efficient operation, image, or goodwill of the Marks and the System;
-
- public figures you choose in connection with local promotions;
-
- use of a phone system, computer, electronic mail and website that meets our requirements, as periodically updated;
-
- marketing, advertising, and promotional material prepared by you;
-
- number of employees to necessary provide prompt courteous service;
-
- timing of the training of other employees for the Clear Pest Pros Business;
-
- use and installation of a GPS unit in each service vehicle used in connection with the Clear Pest Pros Business and pay the then-current fee to the applicable third-party vendor;
-
- necessary amounts of working capital; and
- any other aspect of the operation and maintenance of your Clear Pest Pros Business that we determine periodically to be useful to preserve or enhance the efficient operation, image, or goodwill of the Marks and the System.
You agree to refrain from committing any act or pursuing any course of conduct that tends to bring our Marks into disrepute.
You must use your best efforts to promote and increase the demand for Clear Pest Pros Business. All of your advertising and promotion must be completely factual and conform to the highest standards of ethical advertising. You agree to refrain from any business or advertising practice which may be injurious to the Clear Pest Pros Business or the goodwill associated with the Marks and System.
You are solely responsible for: (a) selecting, retaining and paying your employees; (b) the payment of all invoices for the purchase of goods and services used in connection with operating the Clear Pest Pros Business; and (c) determining whether, and on what terms, to obtain any financing or credit that you deem advisable or necessary for the conduct of the Clear Pest Pros Business. You agree to pay all current obligations and liabilities to suppliers, lessors, and creditors on a timely basis. You agree to indemnify us in the event that we are held responsible for debts owed by you if we elect to pay any of your obligations in order to preserve the relationship between system suppliers and Clear Pest Pros franchisees.
Source: Item 22 — CONTRACTS (FDD pages 67–68)
What This Means (2025 FDD)
According to Clear Pest Pros' 2025 Franchise Disclosure Document, franchisees must operate their business according to System Standards to maintain the goodwill associated with the Clear Pest Pros brand. This includes the franchisee (or a designated manager) devoting their full-time efforts to the business and adhering to all System Standards, even if they disagree with them. Franchisees are also responsible for ensuring that their employees and representatives conduct themselves professionally and ethically, especially when in uniform or using company vehicles. These standards can be modified and supplemented during the term of the Franchise Agreement, and franchisees must comply with these changes immediately upon notification.
Clear Pest Pros franchisees must also meet and maintain the highest safety standards and ratings applicable to their business operations. They are required to provide Clear Pest Pros with copies of all inspection reports and any violations or citations related to safety standards within two days of receipt. Franchisees must operate their business in a manner that enhances the image of the Clear Pest Pros system, maintaining high operating standards and system-wide uniformity. This includes complying with standards, specifications, and requirements set forth by Clear Pest Pros to convey a distinctive brand image.
Furthermore, Clear Pest Pros franchisees are expected to adhere to good business practices, observing high standards of honesty, integrity, fair dealing, and ethical business conduct in all interactions with customers, suppliers, and Clear Pest Pros personnel. They must also notify Clear Pest Pros of any legal actions or proceedings that may adversely affect their business. Franchisees are required to respond to customer inquiries or complaints within one business day and resolve them within seven days to ensure positive customer relations and maintain the goodwill of the system. Franchisees must also ensure that all advertising and promotion is factual and ethical and must refrain from any practice that may harm the Clear Pest Pros brand or its goodwill.
System Standards include, but are not limited to, standards and specifications regarding the use and display of the Marks; Services and products which Clear Pest Pros authorizes franchisees to sell to the public; the use of supplies and equipment; a dress code, during business hours, for franchisees, their employees and their representatives; suppliers and vendors franchisees may use for advertising, inventory, equipment, the purchase of uniforms, and other services or products; vehicle type, model, color, supplier, trademark representation, and appearance; business forms and stationary; designated and approved suppliers for business assets and supplies using Clear Pest Pros' Marks; types and amounts of insurance coverage; compliance with applicable laws; and general operations including maintaining business hours, sales, marketing, advertising, and promotional programs, personnel practices, bookkeeping, accounting, data processing, and record keeping systems.