Are there any continuing duties for the Clear Pest Pros Franchise Owner after the termination agreement?
Clear_Pest_Pros Franchise · 2025 FDDAnswer from 2025 FDD Document
C. CONFIDENTIAL INFORMATION.
You promise that, upon termination or expiration of this Agreement, you must immediately cease to use any of our Confidential Information (including any computer software that we have provided or made available to you) in any business or otherwise, return to us all copies of the Operations Manual and other confidential materials that we have loaned to you, and you shall not maintain any copies of any such materials, in whole or part.
D. COVENANT NOT TO COMPETE.
For a period of 24 months from the time of expiration or termination of this Agreement, you and your owners and, if applicable, your Designated General Manager, shall not (a) engage as an owner, shareholder, partner, director, officer, employee, consultant, salesperson, representative, or agent or in any other capacity in any business offering pest management for all manner of ants, spiders, roaches, stinging pests, flying pests and rodents on a recurring and/or one time basis, and other related services, (b) solicit business from Customers of your former Clear Pest Pros Business
or contact any of our suppliers or vendors for any competitive business purpose, or (c) divert or attempt to divert any business or Customer of the Clear Pest Pros Business to any competitor, by direct or indirect inducement or otherwise, or do or perform, directly or indirectly, any other act injurious or prejudicial to the goodwill associated with the Marks or the System or engage in any business relationship with any contacts with Customers or former Customers of the Clear Pest Pros Business, whether with respect to collection of accounts receivable, or to provide them services, or for any other purpose whatsoever, within:
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- the Territory as defined in this Agreement;
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- the geographic area encompassed by the Territories of any Clear Pest Pros franchisees, Company Stores, or any other Clear Pest Pros business operator, as of the date of the termination or expiration of this Agreement; or
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- a geographic area that is contained in a circle having a radius of 50 miles outward from the outside boundary of the Territory as defined in this Agreement.
Source: Item 22 — CONTRACTS (FDD pages 67–68)
What This Means (2025 FDD)
According to Clear Pest Pros' 2025 Franchise Disclosure Document, franchisees have several continuing obligations after the termination or expiration of the Franchise Agreement. These obligations primarily revolve around confidentiality and non-competition.
For confidential information, franchisees must immediately cease using any of Clear Pest Pros' confidential information, including computer software, and return all copies of the Operations Manual and other confidential materials. Franchisees are prohibited from keeping any copies of these materials.
Moreover, for a period of 24 months following the termination or expiration of the agreement, franchisees, their owners, and any Designated General Manager are restricted from engaging in any business offering pest management services similar to those offered by Clear Pest Pros. This restriction applies within the territory defined in the Franchise Agreement, the geographic areas of other Clear Pest Pros franchisees, company stores, or business operators, and a 50-mile radius from the boundary of the franchisee's territory. They are also prohibited from soliciting business from former Clear Pest Pros customers or contacting Clear Pest Pros' suppliers or vendors for competitive purposes, or engaging in any business relationship with any contacts with Customers or former Customers of the Clear Pest Pros Business.