Under what condition can the Clear Pest Pros Mutual Release be modified or waived?
Clear_Pest_Pros Franchise · 2025 FDDAnswer from 2025 FDD Document
for our decision. Your right to a renewal franchise agreement is subject to your continued compliance with all of the terms and conditions of this Agreement through the date of its expiration, in addition to your compliance with the obligations described in Our Notice.
C. AGREEMENTS/RELEASES.
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 Clear Pest Pros's 2025 Franchise Disclosure Document, the requirement to sign a general release can be changed at Clear Pest Pros's sole discretion. This condition applies both when a franchisee is awarded a renewal term and when a franchisee transfers their business to a new owner.
For a franchisee seeking a renewal, if they meet all other requirements for a renewal term, they must sign the then-current franchise agreement and any related agreements, which may include different royalty and territory terms. Both the franchisee and Clear Pest Pros must sign a mutual general release, in a form satisfactory to Clear Pest Pros, of all claims against each other. However, Clear Pest Pros retains the right to change this requirement at its discretion.
Similarly, when transferring a Clear Pest Pros franchise, the franchisee, their principals, and the transferee must sign a general release in a form satisfactory to Clear Pest Pros, releasing all claims against Clear Pest Pros and its affiliates. As with renewals, Clear Pest Pros reserves the right to change this requirement at its sole discretion. This means that Clear Pest Pros can choose to waive or modify the release requirement based on the specific circumstances of the renewal or transfer.
This clause gives Clear Pest Pros significant flexibility in determining whether a release is necessary and what its terms should be. A prospective franchisee should consider this when evaluating the franchise agreement, as it means Clear Pest Pros could potentially require a release in some situations but not in others, or could modify the terms of the release to be more favorable to Clear Pest Pros.