factual

Under what circumstances related to bankruptcy or insolvency will the Clear Pest Pros agreement automatically terminate without notice?

Clear_Pest_Pros Franchise · 2025 FDD

Answer from 2025 FDD Document

This Agreement will automatically terminate without notice or an opportunity to cure upon the occurrence of any of the following:

    1. If you make an assignment for the benefit of creditors, file a voluntary petition in bankruptcy, are adjudicated bankrupt or insolvent, file or acquiesce in the filing of a petition seeking reorganization or arrangement under any federal or state bankruptcy or insolvency law, or consent to or acquiesce in the appointment of a trustee or receiver for you or the Clear Pest Pros Business.
    1. If proceedings are commenced to have you adjudicated bankrupt or to seek your reorganization under any state or federal bankruptcy or insolvency law, and such proceedings are not dismissed within 60 days, or a trustee or receiver is appointed for you or the Clear Pest Pros Business without your consent, and the appointment is not vacated within 60 days.

Source: Item 22 — CONTRACTS (FDD pages 67–68)

What This Means (2025 FDD)

According to Clear Pest Pros's 2025 Franchise Disclosure Document, the franchise agreement will automatically terminate without notice if certain bankruptcy or insolvency-related events occur. This means that Clear Pest Pros can immediately terminate the agreement without providing an opportunity for the franchisee to correct the situation.

Specifically, the agreement terminates automatically if the franchisee makes an assignment for the benefit of creditors, files a voluntary bankruptcy petition, is adjudicated bankrupt or insolvent, files or acquiesces to a petition seeking reorganization under bankruptcy or insolvency law, or consents to the appointment of a trustee or receiver for the franchisee or the Clear Pest Pros business.

Additionally, the agreement will automatically terminate if proceedings are initiated to have the franchisee adjudicated bankrupt or to seek reorganization under bankruptcy or insolvency law, and these proceedings are not dismissed within 60 days. Similarly, if a trustee or receiver is appointed for the franchisee or the Clear Pest Pros business without the franchisee's consent, and the appointment is not vacated within 60 days, the agreement will also automatically terminate. These terms are typical in franchise agreements to protect the franchisor's interests in cases of severe financial distress of the franchisee.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.