Does the Washington addendum for Clear Pest Pros franchises affect the franchisee's bill of rights?
Clear_Pest_Pros Franchise · 2025 FDDAnswer from 2025 FDD Document
Home Services International, LLC, and/or any of its directors, officers, members, shareholders, employees, agents, representatives, heirs, successors or assigns.
IN WITNESS WHEREOF, the parties have caused this Release to be executed as of the day and year written below.
SAFER HOME SERVICES [FRANCHISEE ENTITY/NAME] INTERNATIONAL, LLC Title: FRANCHISE OWNER(S) [Name of Owner], Individually [Name of Owner], Individually [Name of Owner], Individually
EXHIBIT H
STATE ADDENDA TO THE FRANCHISE AGREEMENT AND DISCLOSURE DOCUMENT
ADDENDUM TO THE FRANCHISE AGREEMENT FOR USE IN CALIFORNIA
This is an addendum to the Agreement between Franchisor and Franchisee.
Notwithstanding anything to the contrary in the Franchise Agreement, if there is a conflict between the terms of this Addendum and the terms of your Franchise Agreement, the terms of this Addendum shall control and supersede the Franchise Agreement. Any terms not defined herein shall have the same meanings as in the Franchise Agreement and any references to sections and paragraphs refer to the sections and paragraphs of the Franchise Agreement unless stated otherwise.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the parties signing below, it is hereby agreed and understood that the following will supersede the Sections of the Franchise Agreement listed below:
13.D. COVENANT NOT TO COMPETE.
You acknowledge and reaffirm that the Clear Pest Pros customer list developed under your Franchise Agreement, is the sole and exclusive proprietary information of Safer Home Services International, LLC, and you have no ownership right(s) or any other interest in this customer list except as a Clear Pest Pros franchisee. In the event of any future termination and/or expiration of your franchise agreement with Safer Home Services International, LLC, you will not retain, in any form, a copy of this customer list. You further agree not to market to, service or otherwise deal with any customers on the list for pest management for all manner of ants, spiders, roaches, stinging pests, flying pests and rodents on a recurring and/or one time basis, and other related services for a period of 24 months after the termination and/or expiration of your Franchise Agreement.
It is also agreed and understood that if you sell any one (1) or more of your Clear Pest Pros franchise businesses, as a condition precedent to our approving your purchaser as a new Clear Pest Pros franchisee, you will agree with your purchaser and with us not to compete for 24 months after the sale closing, by providing the pest management for all manner of ants, spiders, roaches, stinging pests, flying pests and rodents on a recurring and/or one time basis, and/or other related services within a geographic area extending out from the purchased Clear Pest Pros territory boundaries, in every direction, for 50 miles. Provided, however, these non-competition provisions do not create or imply any additional restrictions upon your ownership of other Clear Pest Pros franchise business(es) in and around this geographic area.
The terms of this Addendum shall remain confidential and may not be disclosed except when and to the extent necessary to comply with applicable federal, state, or local laws or regulations.
In all other respects, the terms and conditions contained in your original Franchise Agreement, and any previous addendums to your Franchise Agreement, remain in full force and effect. Further this is to confirm that we have made no other promises or commitments of any nature concerning this or any other aspect of your franchise business that have not been set forth in writing, and any future promises, commitments or assurances must be in writing and signed by both of us, to be enforceable.
15.L. CONSTRUCTION AND INTEGRATION. The following language shall be deleted in its entirety:
"You acknowledge that you are entering into this Agreement as a result of your own independent investigation of our Clear Pest Pros Business and not as a result of any representations about us made by our shareholders, officers, directors, employees, agents, representatives, independent contractors, or franchisees that are contrary to the terms set forth in this Agreement, or in any disclosure document, prospectus, or other similar document required or permitted to be given to you pursuant to applicable law;" and,
"You acknowledge that you have not received any express or implied representations or warranties regarding the sales, earnings, income, profits, gross revenues, business or financial success, value of the franchise, provided by us or our representatives or any other matters pertaining to the franchise from us or any of our officers, employees or agents that were not contained in this Agreement or the Franchise Disclosure Document received by you (hereinafter "Representations"). You further acknowledge that if you had received any such Representations, you would not have executed this Agreement, and you would have: (a) promptly notified us in writing of the person or persons making such Representations; and (b) provided to us a specific written statement detailing the Representations made."
- YOUR AFFIRMATIONS. The following language shall be deleted in its entirety: "We have not made, nor have you relied on, any representation as to the past or future sales, volume or potential profitability, earnings or income of the Clear Pest Pros Business, or any other Clear Pest Pros Business, other than the information provided in our franchise disclosure document;" and,
"You are not relying on any representation or statement that we have made, regarding the anticipated income, earnings and growth of Clear Pest Pros outlets, the System, or the viability of the Clear Pest Pros franchise opportunity."
5.
Source: Item 22 — CONTRACTS (FDD pages 67–68)
What This Means (2025 FDD)
Based on the 2025 Franchise Disclosure Document, there is no mention of a Washington state addendum that would affect a franchisee's bill of rights for Clear Pest Pros. The document includes addenda for California, Hawaii, and Maryland, which address specific state laws and regulations. For example, the Maryland addendum modifies sections of the franchise agreement related to expiration, enforcement, and dispute resolution procedures to comply with the Maryland Franchise Registration and Disclosure Law. Similarly, the Minnesota addendum addresses issues such as standards of conduct, protection of proprietary rights, termination, and waivers, ensuring compliance with Minnesota law. These addenda primarily focus on modifying the franchise agreement to align with state-specific legal requirements.
Item 22 includes addenda that address specific state laws and regulations, such as those in California, Hawaii, Maryland, and Minnesota. These addenda modify the franchise agreement to comply with state-specific requirements. For example, the California addendum addresses the covenant not to compete, while the Maryland addendum addresses the expiration of the agreement, enforcement, and dispute resolution procedures. The Minnesota addendum includes provisions related to standards of conduct, protection of proprietary rights, termination, and waivers. These addenda ensure that the franchise agreement complies with the laws of the specific state in which the franchise is operated.
Since there is no Washington addendum presented in this document, it is not possible to determine whether a Washington addendum exists or how it might affect a franchisee's rights. A prospective franchisee should inquire directly with Clear Pest Pros about the existence of a Washington state addendum and how it might impact their rights and obligations under the franchise agreement.