Under what conditions is a release or waiver of rights valid for Clear Pest Pros?
Clear_Pest_Pros Franchise · 2025 FDDAnswer from 2025 FDD Document
Either of us may, by written notice, unilaterally waive or reduce any obligation or restriction of the other party under this Agreement. The waiver or reduction may be revoked at any time, for any reason, on ten (10) days' written notice.
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.
Our delay in exercising or failing to exercise any right or remedy under this Agreement or our acceptance of any late or partial payment due hereunder will not constitute a waiver of any of our rights or remedies against you.
Source: Item 22 — CONTRACTS (FDD pages 67–68)
What This Means (2025 FDD)
According to Clear Pest Pros's 2025 Franchise Disclosure Document, either Clear Pest Pros or the franchisee can waive obligations or restrictions under the franchise agreement by providing written notice. This waiver or reduction can be revoked at any time, for any reason, by providing ten days' written notice.
Additionally, if a franchisee satisfies all other conditions for a renewal term with Clear Pest Pros, they may be required to sign the then-current franchise agreement and any related ancillary agreements. As part of this renewal process, both Clear Pest Pros and the franchisee may be required to sign a mutual general release. This release would cover any and all claims against each other, including their respective shareholders, officers, directors, employees, agents, successors, and assigns. However, the requirement to sign such a general release is subject to change at Clear Pest Pros's discretion.
It is important to note that Clear Pest Pros's delay or failure to exercise any right or remedy under the agreement, or their acceptance of late or partial payments, does not constitute a waiver of their rights or remedies against the franchisee. This means Clear Pest Pros can still enforce their rights even if they have previously been lenient or accepted incomplete payments.