Are there any exceptions to the mutual releases described in the Clear Pest Pros agreement?
Clear_Pest_Pros Franchise · 2025 FDDAnswer from 2025 FDD Document
If you satisfy all of the other conditions to the awarding of a Renewal Term, you promise to sign the then-current franchise agreement and any ancillary agreements for Clear Pest Pros Businesses, which may include a different Royalty and/or Territory. You and we further promise to sign a mutual general release, in a form satisfactory to us, of any and all claims against either of us and our respective shareholders, officers, directors, employees, agents, successors, and assigns. Such requirement to sign a general release is subject to change in our sole discretion.
Source: Item 22 — CONTRACTS (FDD pages 67–68)
What This Means (2025 FDD)
According to the 2025 Clear Pest Pros Franchise Disclosure Document, a mutual general release is required from both the franchisee and Clear Pest Pros upon renewal, in a form satisfactory to Clear Pest Pros. This release covers any and all claims against each other, including their respective shareholders, officers, directors, employees, agents, successors, and assigns. However, Clear Pest Pros retains the right to change this requirement at their sole discretion.
This means that as a Clear Pest Pros franchisee, you will likely need to sign a release of claims against the franchisor when renewing your franchise agreement. This is a fairly standard practice in franchising, as it resolves any outstanding disputes and provides a clean slate for the renewed term. However, the FDD indicates that Clear Pest Pros can modify or waive this requirement, which provides some flexibility.
It is important to note that the specific terms of the release are determined by Clear Pest Pros, so a prospective franchisee should carefully review the release document before signing. Franchisees should seek legal counsel to fully understand the implications of the release and ensure that it adequately protects their interests. Franchisees should also be aware that they may be required to upgrade or remodel their Clear Pest Pros business at their own expense to meet current standards as a condition of renewal.