In what state is the Clear Pest Pros franchise agreement considered to be entered into?
Clear_Pest_Pros Franchise · 2025 FDDAnswer from 2025 FDD Document
1. BACKGROUND.
We and you are parties to that certain Franchise Agreement that has been signed concurrently with the signing of this Rider (the "Franchise Agreement"). This Rider is annexed to and forms part of the Franchise Agreement. This Rider is being signed because (a) the offer or sale of the franchise for the Clear Pest Pros Business that you will operate under the Franchise Agreement was made in the State of North Dakota, and/or (b) you are a resident of North Dakota and your Business will be located or operated in North Dakota.
Source: Item 22 — CONTRACTS (FDD pages 67–68)
What This Means (2025 FDD)
According to the 2025 Clear Pest Pros Franchise Disclosure Document, the franchise agreement is considered to be entered into in North Dakota if the offer or sale of the franchise was made in North Dakota, or if the franchisee is a resident of North Dakota and will operate the business there.
Specifically, a rider is added to the standard franchise agreement to address certain legal considerations specific to North Dakota. This rider modifies sections of the agreement related to releases, non-compete clauses, governing law, dispute resolution, and waivers of damages to align with North Dakota law.
For a prospective Clear Pest Pros franchisee, this means that if they are located in or purchasing a franchise in North Dakota, the terms of their franchise agreement will be subject to certain modifications to comply with North Dakota franchise law. This could affect their rights and obligations under the agreement, particularly in areas such as dispute resolution and non-compete restrictions.