Under what condition is it unlawful for Clear Pest Pros to repurchase a franchisee's business?

According to the 2025 FDD, Clear Pest Pros includes an addendum to the franchise agreement for use in Hawaii that addresses franchisee rights. Specifically, no statement, questionnaire, or acknowledgement signed or agreed to by a franchisee in connection with starting the franchise can waive claims under state franchise law, including fraud. This also means a franchisee cannot disclaim reliance on statements made by Clear Pest Pros or anyone acting on its behalf.

In practical terms, this means that Clear Pest Pros cannot enforce any agreement that prevents a franchisee from pursuing legal claims against them under Hawaii's franchise laws. This includes claims related to misrepresentation or fraud during the franchise sales process. The provision ensures that franchisees in Hawaii retain their legal rights and recourse, regardless of any documents they may have signed.

This type of provision is important for protecting franchisees, as it prevents franchisors from using contractual language to shield themselves from liability for misconduct. Prospective Clear Pest Pros franchisees in Hawaii should be aware of this protection and understand that they cannot be forced to waive their legal rights.