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Under what grounds can a Clear Pest Pros franchisee terminate the franchise agreement?

Clear_Pest_Pros Franchise · 2025 FDD

Answer from 2025 FDD Document

A. AUTOMATIC TERMINATION WITHOUT NOTICE.

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.
    1. You attempt to make an unauthorized transfer of this Agreement or the Clear Pest Pros Business in violation of any of the transfer provisions contained in Section 10 of this Agreement.

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

What This Means (2025 FDD)

Based on the 2025 Clear Pest Pros Franchise Disclosure Document, the franchise agreement will automatically terminate without notice if the franchisee makes an assignment for the benefit of creditors, files a voluntary petition in bankruptcy, is adjudicated bankrupt or insolvent, files or acquiesces in the filing of a petition seeking reorganization or arrangement under any federal or state bankruptcy or insolvency law, or consents to or acquiesces in the appointment of a trustee or receiver for the franchisee or the Clear Pest Pros Business. The agreement also terminates automatically if proceedings are commenced to have the franchisee adjudicated bankrupt or to seek 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 the franchisee or the Clear Pest Pros Business without consent, and the appointment is not vacated within 60 days.

Additionally, the agreement will automatically terminate if the franchisee attempts to make an unauthorized transfer of the agreement or the Clear Pest Pros Business in violation of any of the transfer provisions contained in Section 10 of the agreement. These conditions provide Clear Pest Pros with immediate termination rights under specific circumstances, primarily related to financial instability or unauthorized transfer of ownership.

It is important for a prospective Clear Pest Pros franchisee to understand these termination conditions, as they represent situations where the franchise agreement can be immediately terminated without an opportunity to cure the issue. This could have significant financial and operational implications for the franchisee. Therefore, a thorough review of Section 10 and a clear understanding of the financial obligations and transfer restrictions is crucial before entering into the franchise agreement.

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.