Aerus 2025 FDD FAQ
2762 questions and answers from the Aerus 2025 Franchise Disclosure Document.
Showing all 2762 questions
aggregated_summary
In 2022, how many Aerus outlets ceased operations for reasons other than termination, non-renewal, or franchisor requirement?
aggregated_summary
According to the Aerus FDD, what is the total number of pages across all listed manuals?
aggregated_summary
Across all locations, how many Aerus outlets were terminated in 2022?
aggregated_summary
Across all states listed, what is the maximum number of Aerus outlets opened in a single state in a single year between 2022 and 2024?
aggregated_summary
As of December 31, 2024, how many Aerus franchise businesses are operating in the United States and Canada?
aggregated_summary
What is the estimated maximum total initial investment for an Aerus Standard Program?
aggregated_summary
What does the Aerus franchisee (Depositor) agree to do regarding actions taken pursuant to the Electronic Funds Transfer authorization?
aggregated_summary
For Aerus franchises, what is the most common reason for an outlet to cease operations, based on the data from 2022-2024?
aggregated_summary
How many Aerus outlets were open at the start of 2022?
aggregated_summary
How many Aerus outlets opened in total during 2023?
aggregated_summary
How many Aerus outlets were required to close by the franchisor in 2023?
aggregated_summary
Did any new Aerus outlets open in Canada between 2022 and 2024?
aggregated_summary
Were any Aerus outlets required to close by the franchisor in 2024?
aggregated_summary
What was the total number of Aerus franchise transfers in the U.S. during 2023?
aggregated_summary
What was the total number of Aerus franchise transfers in the U.S. during 2024?
aggregated_summary
What was the total number of Aerus franchise transfers in the US and Canada during 2023?
aggregated_summary
What was the total number of Aerus outlets in Canada at the end of 2024?
aggregated_summary
What was the total number of Aerus outlets at the end of 2023?
aggregated_summary
What was the total number of Aerus outlets at the end of 2024?
aggregated_summary
What was the total number of Aerus terminations across all states in 2024?
aggregated_summary
comparative
How does the Area of Responsibility granted to an Aerus franchisee (Item 12) compare to the restrictions on sources of products and services (Item 8)?
comparative
What assistance does Aerus provide to franchisees (Item 11) and how does this compare to the franchisee's obligations (Item 9)?
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Can an Aerus Associate Program franchisee open additional locations?
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How does the business experience of Aerus's management (Item 2) compare to the franchisor's assistance provided to franchisees (Item 11)?
comparative
What are the differences in the Area of Responsibility granted to Aerus franchisees (Item 12) and how do these differences relate to the initial fees (Item 5)?
comparative
What are the differences in estimated initial investment between the Aerus Standard Program and the Associate Program (Item 7)?
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What are the differences in the franchisor's assistance provided by Aerus (Item 11) and how do these differences relate to the franchisee's obligations (Item 9)?
comparative
What are all the fees an Aerus franchisee might pay, considering both initial fees (Item 5) and other fees (Item 6)?
comparative
How do the 'Other Fees' listed in Item 6 for an Aerus franchise compare to the potential financing options available (Item 10)?
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How does the franchise program (Standard vs. Associate) affect the prices at which an Aerus franchisee may sell consigned products?
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How does the initial franchise fee for Aerus (Item 5) compare to the 'Other Fees' that a franchisee might incur (Item 6)?
comparative
How does the litigation history of Aerus (Item 3) compare to the business experience of its management (Item 2)?
comparative
What is the monthly Administration and Technical Support Fee for an Aerus Approved Location, and what is the fee for Satellites and Licensed Outlets?
comparative
What is the rationale behind Aerus's decision not to use public figures or celebrities?
comparative
How do the restrictions on sources of products and services for Aerus (Item 8) compare to the franchisee's obligations (Item 9)?
comparative
Can an Aerus Standard Program franchisee open additional locations?
comparative
In which states did the number of Aerus outlets decrease from 2022 to 2024?
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In which states did the number of Aerus outlets remain the same from 2022 to 2024?
comparative
What is the total estimated initial investment for an Aerus Standard Program franchise (Item 7) and how does it compare to the potential financing options available (Item 10)?
comparative
For the years ended December 31, 2024 and 2023, what were the amounts of notes financed by Aerus for Beyond Franchises, and do these notes bear interest?
comparative
condition
In Minnesota, when does the Aerus franchisor require payment of the initial franchise fee and other initial payments from the franchisee?
condition
Under what conditions is an Aerus franchisee required to pay a Restocking Fee, and how is the amount calculated?
condition
conditional
Does the ability to renew an Aerus franchise depend on Aerus offering new franchises in the franchisee's state?
conditional
Is the ability to renew an Aerus franchise dependent on Aerus offering new franchise rights in the state where the Aerus franchise is located?
conditional
According to the Beyond Program Addendum, what happens if there is a conflict between the terms of the Addendum and the terms of the Aerus Franchise Agreement?
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According to the North Dakota addendum, is the Aerus Franchise Agreement's waiver of exemplary and punitive damages necessarily enforceable under North Dakota law?
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What additional training is required for Aerus franchisees who sign a Beyond Addendum?
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Is Aerus authorized to supplement the information provided in Item 19 with information about possible performance at a particular location?
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Does the California addendum to the Aerus Disclosure Document supersede any other part of the document?
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Can Aerus change the designation of Products considered 'Core Units'?
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What is a condition that would prevent an Aerus franchisee from renewing their franchise agreement?
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What is the condition for Aerus to not require prior approval of the site or lease for any Licensed Outlet?
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What are the conditions that must be met to renew an Aerus franchise?
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What is the Aerus debtor required to do before changing its jurisdiction of formation?
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What is the Aerus debtor required to do before changing its legal name?
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What is the Aerus debtor required to do before taking title to the Collateral?
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What is the Aerus debtor required to tender to the Secured Party as additional collateral if requested when contesting taxes?
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What is the dependency for the Aerus debtor to change its legal name?
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What is the dependency for the Aerus debtor to move its principal place of business?
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What is the effect of a franchisee signing a questionnaire regarding reliance on statements made by Aerus?
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What is the effect of a franchisee's acknowledgement regarding reliance on statements made by Aerus?
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What factors can cause the Security Deposit amount to increase for an Aerus franchisee?
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What factors determine if Aerus will require a good faith deposit of $100 from a potential franchisee?
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Does the Aerus FDD mention any specific performance requirements for renewal?
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Does the FDD specify any additional conditions beyond the written notice for Aerus franchise renewal?
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Does the Aerus franchise agreement allow a franchisee to disclose confidential information under certain circumstances?
conditional
For Aerus Franchised Businesses located in Minnesota, under what condition will the Company protect the Franchisee's right to use the Marks or indemnify Franchisee from any loss, costs or expenses?
conditional
What must an Aerus franchisee do to obtain the right to market and sell Beyond Products?
conditional
Can an Aerus franchisee operate from a location not listed on Schedule 1?
conditional
Can an Aerus franchisee renew if they are not in good standing with Aerus?
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Is an Aerus franchisee required to designate a 'General Manager'?
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Is an Aerus franchisee required to install an outdoor sign?
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Will an Aerus franchisee be required to pay a fee for new programs or modules developed and installed by the company for FOAS?
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Is an Aerus franchisee required to use specific shipping companies?
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For Aerus franchisees in Maryland, until what point are initial fees deferred?
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What must Aerus franchisees who sign a Beyond Addendum do?
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For Aerus franchisees in South Dakota, what is the condition for deferring initial fees?
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What must Aerus franchisees who want to offer and sell Beyond Products do?
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What happens if a provision in the Aerus franchise agreement conflicts with California law?
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What happens if a provision in the Aerus franchise agreement conflicts with California law, according to the California Addendum?
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What happens if a provision in the Aerus franchise agreement is inconsistent with California law?
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For Aerus, what happens if a Rider is attached to the Guarantee?
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If Aerus changes its policy on celebrities, how will franchisees be notified?
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If Aerus changes its policy on public figures, how will franchisees be notified?
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If the choice of law in the Aerus Franchise Agreement is a state other than North Dakota, will that choice of law always be enforced in North Dakota?
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If Aerus develops and installs new programs or modules for FOAS, including FAST, am I required to adopt them for use in my Aerus Franchised Business, and will I be required to pay any fee imposed for the new program or module?
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If Aerus were to employ a public figure, what role would they have?
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If the Aerus franchise agreement contains a provision inconsistent with California Business and Professions Code Sections 20000 through 20043, which law will control?
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If the Aerus franchise agreement contains a provision inconsistent with California Business and Professions Code Sections 20000 through 20043, which law controls?
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If the Aerus franchise agreement contains a provision that is inconsistent with California law, which law will control?
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If the Aerus franchise agreement requires binding arbitration, where is the location of the arbitration?
conditional
If an Aerus franchisee is located in Minnesota, will Aerus indemnify the franchisee from any loss regarding the use of the Marks?
conditional
If an Aerus franchisee meets the conditions for renewal, is Aerus obligated to offer a renewal term?
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If an Aerus franchisee meets all renewal requirements, is Aerus obligated to grant the renewal?
conditional
If an Aerus franchisee in Minnesota is using the Marks as provided in the manuals, will the company indemnify them from losses arising from claims regarding the use of the Marks?
conditional
If an Aerus franchisee signs a Beyond Addendum, what additional obligation regarding the Manuals is required?
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If an inspection of an Aerus franchise discloses an understatement in any report or submission of payments of two percent (2%) or more, or Gross Sales of five percent (5%) or more, what are the consequences?
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If Aerus modifies or expands the System, or modifies or adds to the Products offered, can Aerus require an Aerus franchisee to cease behavior that was previously not in violation of the non-compete agreement?
conditional
If Aerus modifies the system or products offered, and a franchisee's behavior that was previously compliant becomes non-compliant, what action can Aerus take?
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If Aerus is not offering new franchises in my state, can I still renew my Aerus franchise?
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If I purchase an existing Aerus business from an affiliate, am I required to enter into a sublease or assignment of lease for the premises?
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If purchasing an existing Aerus outlet, may Aerus provide the actual records of that outlet?
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If purchasing an existing outlet, under what condition may Aerus provide financial records?
conditional
If there are conflicting terms regarding notice of termination or changes in dealership between the Aerus Franchise Agreement and Section 135.04 of the Wisconsin Fair Dealership Law, which law prevails?
conditional
If Aerus were to use a celebrity for promotion, what would be the scope of their involvement?
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If the Wisconsin Franchise Investment Law or the Wisconsin Fair Dealership Law applies, how does this affect the terms of the Aerus Disclosure Document?
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What is the implication if someone listed in Item 2 of the Aerus offering circular is subject to an order from a national securities association?
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How long is the additional Beyond Product training that Aerus franchisees who sign a Beyond Addendum must attend?
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What is the maximum interest rate Aerus can charge on unpaid obligations if applicable law dictates a lower rate?
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What is the maximum interest rate Aerus can charge on unpaid obligations if the legal limit is lower than 1.5% per month?
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What is the maximum royalty percentage that Aerus can charge on gross sales, and how much notice will Aerus provide before increasing the royalty amount?
conditional
In North Dakota, can an Aerus franchisee be required to consent to termination or liquidated damages?
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Will the one-year non-compete period for an Aerus franchisee be extended if the franchisee breaches the non-compete covenants?
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Is Aerus planning to employ a public figure in management in the future?
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Is Aerus planning to use a celebrity to promote franchises in the future?
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Does Aerus have any plans to change its policy regarding public figures in the future?
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What is the potential consequence if the Aerus franchise agreement contains a provision inconsistent with California law?
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What are the potential implications of the Aerus franchise agreement requiring binding arbitration in Dallas, Texas?
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What are the potential implications of the Aerus franchise agreement requiring binding arbitration in Dallas, Texas for California franchisees?
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What is the potential issue with the Aerus franchise agreement requiring the application of Texas law?
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What is the potential issue with the Aerus franchise agreement requiring the application of Texas law in California?
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What is the potential issue with the Aerus franchise agreement requiring arbitration in Dallas, Texas?
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What is the potential issue with the Aerus franchise agreement's covenant not to compete extending beyond the termination of the franchise in California?
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What is the potential issue with the liquidated damages clause in the Aerus franchise agreement under California law?
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What is the potential issue with the liquidated damages clause in the Aerus franchise agreement under California Civil Code Section 1671?
conditional
Are proceeds from isolated sales of trade fixtures included in Aerus gross sales if they do not constitute part of the products and do not have a material effect on the ongoing operation of the franchised business?
conditional
What is the relationship between the Federal Arbitration Act and the Aerus franchise agreement?
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Does Aerus require franchisees to grant a security interest in Consigned Products if the standard ownership arrangement is not permitted by law?
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What is the significance of the statement that the provision regarding fraud supersedes any other or inconsistent term of any document executed in connection with the Aerus franchise?
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What is the significance of the statement that the provision regarding state franchise law supersedes any other term of any document executed in connection with the Aerus franchise?
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What specific aspect of the Aerus franchise agreement regarding competition might not be enforceable under California law?
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What specific law should prospective Aerus franchisees consult regarding venue restrictions?
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What specific type of clause in the Aerus franchise agreement is potentially unenforceable under California Civil Code Section 1671?
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Does the Standard Allocation for Aerus vary, and if so, on what basis?
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Is the Aerus System Media Fund Fee mandatory, and who determines if it is implemented?
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Under what circumstances might the Aerus franchise agreement's termination provision related to bankruptcy be unenforceable?
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Under what circumstances might the Aerus franchise agreement's termination provision related to bankruptcy be unenforceable in California?
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Under what circumstances can an Aerus franchisee disclose confidential information, including trade secrets, without violating the franchise agreement?
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Under what circumstances might an Aerus franchisee be required to increase the amount of their Security Deposit?
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Under what circumstances might an Aerus franchisee be required to pay the full Standard Allocation for Consigned Products even if a sale has not occurred?
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Under what circumstances might an Aerus franchisee be required to pay the full Standard Allocation even without a sale?
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Under what circumstances are Aerus franchisees not obligated to indemnify or hold harmless an indemnified party, according to the amendment to Section 17 of the Franchise Agreement?
conditional
Under what circumstances does the non-recourse provision of the Aerus guaranty obligation not apply?
conditional
Under what circumstances is Aerus permitted to provide financial performance information that differs from Item 19?
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Under what condition does the Acknowledgement of Principals section NOT apply to an Aerus franchisee?
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Under what condition will Aerus and its designated suppliers replenish the initial inventory of Consigned Products and other Products, parts, accessories and supplies?
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Under what condition might the Aerus franchise agreement's binding arbitration provision not be enforceable under California law?
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Under what condition might the Aerus franchise agreement's requirement for applying Texas law not be enforceable in California?
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Under what condition can an Aerus franchisee renew their franchise agreement?
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Under what condition can an Aerus franchisee renew their franchise term?
conditional
Under what condition is the Good Faith Deposit fully refundable when applying to become an Aerus franchisee?
conditional
Under what condition are liquidated damages clauses in the Aerus franchise agreement unenforceable in California?
conditional
Under what condition will Aerus or one of its affiliates sublease the premises or assign the Premises Lease of an Approved Location to a franchisee?
conditional
Under what condition will Aerus protect a franchisee's right to use the Marks in Minnesota?
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Under what condition regarding bankruptcy might the Aerus franchise agreement's termination provision not be enforceable?
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Under what condition regarding competition might the Aerus franchise agreement's covenant not to compete be unenforceable in California?
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Under what condition can Aerus require a franchisee to cease a behavior that was previously not in violation of restrictions?
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Under what condition is the System Media Fund Fee applicable for an Aerus franchise?
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Under what conditions is the $100 good faith deposit refundable when entering into a franchise agreement with Aerus?
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Under what conditions can financial performance information that differs from Item 19 be given by Aerus?
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Under what conditions can an Aerus franchisee disclose confidential information, including trade secrets, without violating the franchise agreement?
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Under what conditions is an Aerus franchisee exempt from installing an outdoor sign?
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Under what conditions might an Aerus franchisee be required to increase the Security Deposit?
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Under what conditions can an Aerus franchisee sell 'Beyond Products'?
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Under what conditions can Aerus franchisees sell 'Beyond Products'?
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Under what conditions will principals of an Aerus franchised business be required to guarantee the Note?
conditional
Under what conditions will Aerus protect a franchisee's right to use the Marks in Minnesota?
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Under what conditions will Aerus replenish the initial inventory of Consigned Products and other Products, parts, accessories and supplies?
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Under what conditions is Aerus not required to replenish inventory for a franchisee?
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Under what conditions might the Security Deposit amount need to be increased for an Aerus franchise?
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Under what conditions does the Wisconsin Addendum to the Disclosure Document apply to an Aerus franchise?
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Under North Dakota law, are covenants not to compete during the term of and upon termination or expiration of the Aerus Franchise Agreement always enforceable?
conditional
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What actions are prohibited for an Aerus franchisee regarding sources of products and services (Item 8) and how do these prohibitions relate to the franchisee's obligations (Item 9)?
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What actions are required of an Aerus franchisee to comply with restrictions on sources of products and services (Item 8) and how do these required actions relate to the franchisor's assistance (Item 11)?
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How does the Area of Responsibility granted to an Aerus franchisee (Item 12) relate to the business experience of its management (Item 2)?
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How does the Area of Responsibility granted to an Aerus franchisee (Item 12) relate to the definition of 'You' as the franchisee (Item 1)?
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How does the Area of Responsibility granted to an Aerus franchisee (Item 12) relate to the estimated initial investment (Item 7)?
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How does the Area of Responsibility granted to an Aerus franchisee (Item 12) relate to the 'Other Fees' listed (Item 6)?
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How does the Area of Responsibility granted to an Aerus franchisee in Item 12 relate to the franchisor's assistance, advertising, and computer systems support described in Item 11?
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How does the Area of Responsibility granted to an Aerus franchisee (Item 12) relate to the franchisor's assistance provided (Item 11)?
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How does the Area of Responsibility granted to an Aerus franchisee (Item 12) relate to the initial fees required (Item 5)?
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How does the Area of Responsibility granted to an Aerus franchisee (Item 12) relate to the litigation history involving the franchise (Item 3)?
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How does the Area of Responsibility granted to an Aerus franchisee (Item 12) relate to the potential financing options available (Item 10)?
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How does the Area of Responsibility granted to an Aerus franchisee in Item 12 relate to the restrictions on sources of products and services outlined in Item 8?
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What aspects of Aerus's franchisor assistance (Item 11) are dependent on the franchisee meeting certain obligations (Item 9)?
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How does the business experience of Aerus's management (Item 2) relate to the initial fees required (Item 5)?
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What conditions must be met for Aerus to offer financing (Item 10) and how do these conditions relate to the franchisee's initial investment (Item 7)?
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What is the connection between the estimated initial investment for an Aerus franchise in Item 7 and the financing options that Aerus may offer as described in Item 10?
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What is the connection between the estimated initial investment for an Aerus franchise (Item 7) and the franchisor's assistance provided (Item 11)?
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What is the connection between the restrictions on sources of products and services for an Aerus franchise (Item 8) and the Area of Responsibility granted to the franchisee (Item 12)?
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What is the connection between the restrictions on sources of products and services for an Aerus franchise (Item 8) and the business experience of its management (Item 2)?
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What is the connection between the restrictions on sources of products and services for an Aerus franchise (Item 8) and the definition of 'You' as the franchisee (Item 1)?
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What is the connection between the restrictions on sources of products and services for an Aerus franchise (Item 8) and the estimated initial investment (Item 7)?
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What is the connection between the restrictions on sources of products and services for an Aerus franchise (Item 8) and the 'Other Fees' listed (Item 6)?
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What is the connection between the restrictions on sources of products and services for an Aerus franchise (Item 8) and the franchisor's assistance provided (Item 11)?
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What is the connection between the restrictions on sources of products and services for an Aerus franchise (Item 8) and the initial fees required (Item 5)?
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What is the connection between the restrictions on sources of products and services for an Aerus franchise (Item 8) and the litigation history involving the franchise (Item 3)?
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How does the definition of 'You' in Item 1 relate to the obligations of the franchisee outlined in Item 9 for an Aerus franchise?
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How does the estimated initial investment for an Aerus franchise (Item 7) relate to the Area of Responsibility granted to the franchisee (Item 12)?
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How does the estimated initial investment for an Aerus franchise (Item 7) relate to the business experience of its management (Item 2)?
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How does the estimated initial investment for an Aerus franchise (Item 7) relate to the definition of 'You' as the franchisee (Item 1)?
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How does the estimated initial investment for an Aerus franchise (Item 7) relate to the 'Other Fees' listed (Item 6)?
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How does the estimated initial investment for an Aerus franchise (Item 7) relate to the franchisor's assistance provided (Item 11)?
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How does the estimated initial investment for an Aerus franchise (Item 7) relate to the initial fees required (Item 5)?
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How does the estimated initial investment for an Aerus franchise (Item 7) relate to the litigation history involving the franchise (Item 3)?
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How does the estimated initial investment for an Aerus franchise (Item 7) relate to the restrictions on sources of products and services (Item 8)?
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What exceptions exist to the restrictions on sources of products and services for an Aerus franchise (Item 8) and how do these exceptions relate to the franchisee's obligations (Item 9)?
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How do the 'Other Fees' listed in Item 6 for an Aerus franchise relate to the estimated initial investment (Item 7)?
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How do the 'Other Fees' listed in Item 6 for an Aerus franchise relate to the franchisee's obligations detailed in Item 9?
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How does the geographic limit of the Area of Responsibility for an Aerus franchise (Item 12) affect the franchisee's ability to comply with restrictions on sources of products and services (Item 8)?
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How does the good faith deposit for an Aerus franchise (Item 5) relate to the business experience of its management (Item 2)?
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How does the good faith deposit for an Aerus franchise (Item 5) relate to the franchisor's assistance provided (Item 11)?
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How does the good faith deposit for an Aerus franchise (Item 5) relate to the litigation history involving the franchise (Item 3)?
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How does the good faith deposit required by Aerus in Item 5 relate to the estimated initial investment outlined in Item 7?
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How does the initial franchise fee for Aerus (Item 5) relate to the Area of Responsibility granted to the franchisee (Item 12)?
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How does the initial franchise fee for Aerus (Item 5) relate to the business experience of its management (Item 2)?
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How does the initial franchise fee for Aerus (Item 5) relate to the estimated initial investment (Item 7)?
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How does the initial franchise fee for Aerus (Item 5) relate to the franchisor's assistance provided (Item 11)?
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What is the interplay between the initial fees for an Aerus franchise in Item 5 and the potential financing options available in Item 10?
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How does the litigation history involving Aerus (Item 3) relate to the definition of 'You' as the franchisee (Item 1)?
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How does the litigation history involving Aerus (Item 3) relate to the initial fees required (Item 5)?
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What are the obligations of an Aerus franchisee (Item 9) that directly relate to the restrictions on sources of products and services (Item 8)?
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What pre-opening obligations of Aerus, as described in Item 11, are contingent upon the franchisee meeting certain financial thresholds as potentially discussed in Item 7?
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What is the relationship between the business experience of Aerus's management (Item 2) and the 'Other Fees' listed (Item 6)?
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What is the relationship between the business experience of Aerus's management (Item 2) and the franchisor's assistance provided to franchisees (Item 11)?
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What is the relationship between the 'Other Fees' listed in Item 6 for an Aerus franchise and the Area of Responsibility granted to the franchisee (Item 12)?
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What is the relationship between the 'Other Fees' listed in Item 6 for an Aerus franchise and the definition of 'You' as the franchisee (Item 1)?
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What is the relationship between the 'Other Fees' listed in Item 6 for an Aerus franchise and the estimated initial investment (Item 7)?
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What is the relationship between the 'Other Fees' listed in Item 6 for an Aerus franchise and the franchisor's assistance provided (Item 11)?
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What is the relationship between the 'Other Fees' listed in Item 6 for an Aerus franchise and the initial fees required (Item 5)?
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What is the relationship between the 'Other Fees' listed in Item 6 for an Aerus franchise and the litigation history involving the franchise (Item 3)?
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What is the relationship between the 'Other Fees' listed in Item 6 for an Aerus franchise and the restrictions on sources of products and services (Item 8)?
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What is the relationship between the franchisor's assistance provided by Aerus (Item 11) and the business experience of its management (Item 2)?
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What is the relationship between the franchisor's assistance provided by Aerus (Item 11) and the definition of 'You' as the franchisee (Item 1)?
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What is the relationship between the franchisor's assistance provided by Aerus (Item 11) and the estimated initial investment (Item 7)?
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What is the relationship between the franchisor's assistance provided by Aerus (Item 11) and the 'Other Fees' listed (Item 6)?
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What is the relationship between the franchisor's assistance provided by Aerus (Item 11) and the initial fees required (Item 5)?
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What is the relationship between the franchisor's assistance provided by Aerus (Item 11) and the litigation history involving the franchise (Item 3)?
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What is the relationship between the franchisor's assistance provided by Aerus (Item 11) and the restrictions on sources of products and services (Item 8)?
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What is the relationship between the good faith deposit for an Aerus franchise (Item 5) and the definition of 'You' as the franchisee (Item 1)?
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What is the relationship between the good faith deposit mentioned in Item 5 and the financing options potentially available in Item 10 for an Aerus franchise?
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What is the relationship between the initial fees for an Aerus franchise (Item 5) and the restrictions on sources of products and services (Item 8)?
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What is the relationship between the litigation history involving Aerus franchisees in Item 3 and the franchisee's obligations outlined in Item 9?
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What is the relationship between the litigation history involving Aerus franchisees (Item 3) and the franchisor's assistance, advertising, and computer systems support described in Item 11?
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What is the relationship between the litigation history of Aerus (Item 3) and the restrictions on sources of products and services (Item 8)?
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How do the restrictions on product sources for an Aerus franchise in Item 8 relate to the franchisee's obligations outlined in Item 9?
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How do the restrictions on sources of products and services for an Aerus franchise (Item 8) affect the Area of Responsibility granted to the franchisee (Item 12)?
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How do the restrictions on sources of products and services for an Aerus franchise in Item 8 affect the franchisee's pre-opening obligations as outlined in Item 11?
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Are there any deadlines associated with the initial fees for an Aerus franchise (Item 5) that are dependent on the franchisee's pre-opening obligations (Item 11)?
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Are there any financial thresholds that an Aerus franchisee must meet (as potentially outlined in Item 7) to be eligible for financing (Item 10)?
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In what year did the most Aerus franchises in Canada terminate?
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According to the Aerus franchise agreement, what happens if a franchisee or principal refuses to submit to a medical examination to determine permanent disability?
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According to the Aerus Principal Guaranty, what happens to the obligations of a guarantor upon their death?
edge_case
What is the consequence of not meeting the Core Unit sales component of the Minimum Sales Requirement for Aerus?
edge_case
In the event of litigation regarding Aerus's patents or copyrights, what obligations do I have to Aerus?
edge_case
Can an Aerus franchisee sell proprietary products to customers who intend to resell them?
edge_case
What happens if the consignment arrangement for Aerus Consigned Products is not considered a true consignment?
edge_case
What happens if the distributee of an Aerus franchise interest after death is not consented to by the company?
edge_case
What happens if an Aerus franchisee commits three violations of the agreement within a 12-month period, even if they were cured within the applicable cure period?
edge_case
What happens if an Aerus franchisee fails to meet the Minimum Sales Requirement?
edge_case
What happens if an Aerus franchisee fails to provide written notice 30 days before the expiration of the initial term?
edge_case
What happens if a person refuses to submit to a disability examination selected by Aerus?
edge_case
If another term of the Aerus software license is found to be unconscionable, what happens to the waiver of damages provision?
edge_case
If an individual guarantor of an Aerus franchise dies, what obligations of the estate are covered by the Principal Guaranty?
edge_case
If a provision in the Aerus software license is declared void, what effect does this have on the other provisions?
edge_case
If Aerus stops offering new franchises in a state, does that affect existing Aerus franchisees' ability to renew?
edge_case
If there is an apparent infringement of copyrighted material related to my Aerus franchise, what immediate action must I take?
edge_case
What legal rights does Aerus waive upon default of the financing agreement?
edge_case
In New York, can Aerus use negotiation to make a prospective franchisee accept terms less favorable than those in the Franchise Disclosure Document?
edge_case
What are the potential consequences for all Aerus franchisees if a franchisee materially breaches the 'Electrolux' sublicense agreement?
edge_case
What recourse do Aerus franchisees have if they believe the company is violating this policy?
edge_case
Does the termination of the Power of Attorney affect the validity of any actions Aerus Franchising, LLC took prior to the termination date on behalf of the Aerus franchisee?
edge_case
Is there a limit to the number of times an Aerus franchise can be renewed?
edge_case
Under the Aerus guarantee, what happens if the borrower files for bankruptcy?
edge_case
In Virginia, can an Aerus franchisee waive claims under state franchise law or disclaim reliance on statements made by Aerus representatives through signed documents?
edge_case
In Virginia, can Aerus terminate a franchise agreement solely based on the franchisee's bankruptcy?
edge_case
exception
According to the California addendum, can a franchisee waive claims of fraud in the inducement related to their Aerus franchise investment?
exception
What claims under state franchise law cannot be waived by an Aerus franchisee?
exception
What claims under state franchise law cannot be waived by an Aerus franchisee in California?
exception
Can a commercial buyer who is engaged in the sale of cleaning products be an 'Approved Customer' of an Aerus franchise?
exception
What does 'Consigned Product' mean in the context of the Aerus franchise agreement, and what is specifically excluded?
exception
What is the effect of a disclaimer signed by an Aerus franchisee regarding reliance on statements made by the franchisor?
exception
What is the effect of a disclaimer signed by an Aerus franchisee regarding reliance on statements made by the franchisor in California?
exception
What effect does a franchisee's acknowledgement have on disclaiming reliance on statements made by the Aerus franchisor?
exception
What is the effect of a franchisee's acknowledgement regarding reliance on statements made by Aerus in California?
exception
What is the exception to the Approved Locations provisions for Aerus Licensed Outlets regarding repair, maintenance and warranty service?
exception
What is the exception to the Approved Locations provisions for Aerus Licensed Outlets regarding site or lease approval?
exception
Is an Aerus franchisee allowed to offer, promote, advertise or sell any Product by, through or on the Internet, and what are the exceptions?
exception
For Aerus franchisees in Wisconsin, how many days do they have to cure a deficiency if the reason for termination, cancellation, or substantial change in competitive circumstances is nonpayment of sums due under the franchise?
exception
When does Aerus generally disclose loss contingencies that are considered remote?
exception
Does the North Dakota Addendum to the Aerus Franchise Agreement allow a franchisee to waive claims under any applicable state franchise law, including fraud in the inducement?
exception
Are spare parts and supplies considered 'Consigned Products' for an Aerus franchise?
exception
Are there any exceptions to Aerus's policy of not using public figures?
exception
Are there any geographic limitations regarding the liquidated damages clause for Aerus franchises?
exception
What type of claim cannot be waived by a franchisee in connection with the Aerus franchise relationship?
exception
What type of claim is a franchisee unable to waive in connection with the Aerus franchise relationship?
exception
What type of claim is a franchisee unable to waive in connection with the Aerus franchise relationship regarding fraud?
exception
What type of claim is a franchisee unable to waive in connection with the Aerus franchise relationship regarding fraud in California?
exception
factual
During the 10 year period immediately before the date of the Aerus Disclosure Document, has Aerus or any affiliate or predecessor or current officer or general partner filed as a debtor (or had filed against it) a petition to start an action under the U.S. Bankruptcy Code?
factual
During the 10 year period immediately before the date of the Aerus Disclosure Document, has Aerus or any affiliate or predecessor or current officer or general partner obtained a discharge of its debts under the Bankruptcy Code?
factual
During the 10 year period immediately before the date of the Aerus Disclosure Document, was Aerus or any affiliate or predecessor or current officer or general partner a principal officer of a company or a general partner in a partnership that either filed as a debtor (or had filed against it) a petition to start an action under the U.S. Bankruptcy Code?
factual
When is the $100 transfer fee for an Aerus franchise payable?
factual
Is Aerus able to cease granting licenses and rights to operate under one or more of the described franchise programs?
factual
Is Aerus able to cease granting licenses and rights to operate under one or more of its franchise programs?
factual
What are the acceptable methods for delivering notices required under the Aerus franchise agreement?
factual
What are the acceptable methods for selling Aerus products within the Area of Responsibility?
factual
What are the acceptable titles an Aerus franchisee can use to identify themselves?
factual
According to the Aerus agreement, how can changes, amendments, or modifications to the agreement be made?
factual
According to the Aerus agreement, what methods can the company use to give notice to the consignee?
factual
According to the Aerus agreement, what is the significance of the 'foregoing premises'?
factual
According to the Aerus agreement, which state's laws govern the interpretation of the Note?
factual
According to the Aerus agreement, which state's laws govern the interpretation of the promissory note?
factual
According to Aerus, what are 'Approved Customers'?
factual
According to ASC Topic 740, what does Aerus follow regarding unrecognized tax benefits?
factual
According to the auditor, what level of assurance is provided regarding the detection of material misstatements in Aerus's financial statements?
factual
According to the auditor's opinion for Aerus, what auditing standards were the audits conducted in accordance with?
factual
According to the California Addendum, what should prospective Aerus franchisees consult to determine the applicability of California and federal laws to any provisions of a franchise agreement restricting venue to a forum outside the State of California?
factual
According to the collateral schedule, what items are explicitly included as part of the Aerus inventory?
factual
According to the commitment letter, what programs can an interested party indicate their interest in when applying for an Aerus franchise?
factual
According to Aerus, what is the consequence if the franchisee's principals do not execute the Guaranty?
factual
According to the Consigned Products Security Agreement, what is the 'Effective Date' in relation to the Aerus Franchise Agreement?
factual
According to the Aerus Consigned Products Security Agreement, what is the full legal name and business address of the 'Company'?
factual
According to the consignment agreement, what are the conditions under which Aerus can terminate the agreement?
factual
According to Aerus, what documents prescribe the methods, standards, and specifications for operating a Franchised Business?
factual
According to the Electronic Funds Transfer authorization, what does the franchisee (Depositor) agree to do regarding actions brought against the Depository or Payee due to actions taken pursuant to the authorization for Aerus?
factual
According to Aerus's evaluation, have any material subsequent events occurred that necessitate recognition in the financial statements?
factual
According to Aerus's evaluation, have any material subsequent events occurred that necessitate disclosure in the notes to the financial statements?
factual
According to Aerus' FDD, what accounting principles must management adhere to when preparing financial statements?
factual
According to the Aerus FDD, what condition must vehicles used in connection with the Franchised Business be in?
factual
According to the Aerus FDD, who is considered 'You' when purchasing a franchise?
factual
According to the Aerus FDD, what are the criteria for a commercial buyer to be considered an 'Approved Customer'?
factual
According to the Aerus FDD, what is the definition of 'Approved Customer' regarding commercial buyers?
factual
According to the Aerus FDD, what is the definition of 'Aerus Business' regarding the sale of proprietary products?
factual
According to the Aerus FDD, what is the definition of 'Confidential Information' regarding marketing information and strategies?
factual
According to the Aerus FDD, what effect do questionnaires or acknowledgments signed by a franchisee have on waiving claims under state franchise law or disclaiming reliance on franchisor statements?
factual
According to the Aerus FDD, what exhibits are included in the franchise disclosure document?
factual
According to the Aerus FDD, can a franchisee modify the sales contracts for consigned products without prior written consent from the company?
factual
According to the Aerus FDD, can a franchisee modify the terms of sales contracts for consigned products without the company's consent?
factual
According to the Aerus FDD, where is the Guaranty document located that the franchisee's principals must execute?
factual
According to the Aerus FDD, if a capitalized term is not defined in the Addendum, where can its meaning be found?
factual
According to the Aerus FDD, has an independent certified public accountant audited the financial figures?
factual
According to the Aerus FDD, what information must be included for each stockholder, partner, or investor holding an interest in the Franchisee?
factual
According to the Aerus FDD, how many calendar days before signing a binding agreement or making a payment must Aerus Franchising, LLC provide the Disclosure Document?
factual
According to the Aerus FDD, when is the one hundred dollar ($100) Aerus transfer fee payable?
factual
According to Aerus' FDD, does any party have an administrative, criminal, or civil action pending against them alleging a felony, a violation of a franchise, antitrust, or securities law, fraud, embezzlement, fraudulent conversion, misappropriation of property, unfair or deceptive practices, or comparable civil or misdemeanor allegations?
factual
According to the Aerus FDD, is any party subject to a currently effective injunctive or restrictive order or decree relating to the franchise, or under a Federal, State, or Canadian franchise, securities, antitrust, trade regulation or trade practice law, resulting from a concluded or pending action or proceeding brought by a public agency; or is subject to any currently effective order of any national securities association or national securities exchange, as defined in the Securities and Exchange Act of 1934?
factual
According to the Aerus FDD, who is required to ensure that vehicles used in connection with the Franchised Business are clean and in good repair?
factual
According to the FDD, what rights does a franchisee have to terminate the Aerus franchise agreement under state law?
factual
According to the Aerus FDD, can the sublicense agreement for 'Electrolux' be terminated if any franchisee breaches the agreement?
factual
According to the Aerus FDD, what does the term 'Marks' refer to?
factual
According to the Aerus FDD, what does the term 'Products' refer to?
factual
According to the Aerus FDD, what does the transfer fee consist of?
factual
According to the Aerus FDD, what are the two types of customers that can be considered 'Approved Customers'?
factual
According to the Aerus Franchise Agreement addendum, can the addendum be executed in multiple counterparts?
factual
According to the Aerus Franchise Agreement (Associate Program), where is Aerus Franchising, LLC's principal place of business?
factual
According to the Aerus franchise agreement, who has the authority to act for the company regarding changes, amendments, or modifications to the agreement?
factual
According to the Aerus franchise agreement, where can details regarding fees, payments, and deposits be found?
factual
According to the Aerus Franchise Agreement, what documents constitute the entire agreement between the parties?
factual
According to the Aerus franchise agreement, where else besides Schedule 3 might fees, payments, and deposits be specified?
factual
According to the Aerus franchise agreement, where can I find the details of the Area of Responsibility assigned to a franchisee?
factual
According to the Aerus franchise agreement, what is the franchisee acknowledging regarding the Minimum Sales Requirements?
factual
According to the Aerus franchise agreement, is the franchisee considered an independent contractor?
factual
According to the Aerus franchise agreement, can the Franchisee offer and sell Beyond Products?
factual
According to the Aerus franchise agreement, what is the Franchisee required to do regarding assumed name filings at the county and state level?
factual
According to the Aerus franchise agreement, what must a franchisee do before using any advertising material?
factual
According to the Aerus franchise agreement, can franchisees disclose Confidential Information if required by law?
factual
According to the Aerus Franchise Agreement, to whom are franchisees permitted to sell Aerus Products?
factual
According to the Aerus Franchise Agreement, what must Franchisees do regarding the recruitment and training of their sales representatives?
factual
According to the Aerus Franchise Agreement, are franchisees required to comply with the obligations set forth in the Manuals?
factual
According to the Franchise Agreement between Aerus Franchising, LLC and the Tenant, what type of business will the Tenant operate?
factual
According to the Aerus franchise agreement, what happens to the license to use the Marks upon termination of the agreement?
factual
According to the Aerus franchise agreement, does the inventory collateral include rights and remedies relating to the inventory?
factual
According to the Aerus Franchise Agreement, what is the only permitted use of the Premises during the term of the agreement?
factual
According to the Aerus Franchise Agreement, what is the permitted use of the Premises during the term of the agreement?
factual
According to the Aerus franchise agreement, what is the relationship between the franchisee and Aerus?
factual
According to the Aerus Franchise Agreement, can Aerus request specific language in the confidentiality agreements signed by the franchisee's employees?
factual
According to the Aerus Franchise Agreement, what is the required scope of business activities for the franchisee's charter documents?
factual
According to the Aerus franchise agreement, who is responsible for the expenses related to the upkeep and use of the collateral while the debtor retains possession?
factual
According to the Aerus franchise agreement, what sales taxes are excluded from the calculation of Gross Sales?
factual
According to the Franchise Agreement, which section outlines Aerus franchisee obligations regarding site selection and acquisition/lease?
factual
According to the Franchise Agreement, which section outlines Aerus franchisee obligations regarding post-termination?
factual
According to the Aerus franchise agreement, who is the signatory for Aerus Franchising, LLC?
factual
According to the Aerus Franchise Agreement (Standard Program), where is the Franchisee's primary residence or principal place of business address set forth?
factual
According to the Aerus Franchise Agreement (Standard Program), where is Aerus Franchising, LLC's principal place of business?
factual
According to the Aerus Franchise Agreement (Standard Program), where is the principal place of business of Aerus Franchising, LLC?
factual
According to the Aerus franchise agreement, what type of products is the franchisee specifically prohibited from offering and selling?
factual
According to the Aerus Franchise Disclosure Document, what do the abbreviations 'FA' and 'BA' stand for in the context of franchisee obligations?
factual
According to the Aerus Franchise Disclosure Document, which exhibits are included in the document?
factual
According to the Aerus Franchise Disclosure Document, how many calendar days before signing a binding agreement or making a payment must Aerus Franchising, LLC provide the Disclosure Document?
factual
According to Aerus, what must a franchisee do before using any advertising material?
factual
According to the Aerus guarantee, does it apply to the misuse or infringement of any trademark or other item of intellectual property owned or licensed by Aerus LLC?
factual
According to the Aerus guarantee, can the Guarantor's liability be accelerated?
factual
According to the Illinois addendum, can an Aerus franchisee waive compliance with the Illinois Franchise Disclosure Act?
factual
According to Aerus's inventory valuation method, is inventory carried at cost or net realizable value?
factual
According to Item 3, does Aerus have any pending actions, other than routine litigation incidental to the business, which are significant in the context of the number of franchisees and the size, nature or financial condition of the franchise system or its business operations?
factual
According to the Aerus Lease Rider, what are the designators for the tenant and landlord?
factual
According to the Aerus Lease Rider, what are the designators used for the tenant and landlord involved in the lease agreement?
factual
According to the Aerus Lease Rider, what is the primary purpose for which the Tenant will occupy the Premises?
factual
According to the Lease Rider, what trade names, trademarks, or service marks are used by the Aerus business?
factual
According to the Maryland Addendum, within how many years after the grant of the Aerus franchise must claims arising under the Maryland Franchise Registration and Disclosure Law be brought?
factual
According to the North Dakota addendum, under what conditions are Aerus covenants not to compete enforceable?
factual
According to the note with Aerus, what actions by a guarantor would be considered a default?
factual
According to the opinion, what accounting principles were used in the financial statements of Aerus Franchising, LLC?
factual
According to the opinion, for what period were the statements of income, members' equity, and cash flows audited for Aerus Franchising, LLC?
factual
According to the opinion, what type of financial statements of Aerus Franchising, LLC were audited?
factual
According to Aerus, what is the potential impact of using estimates and assumptions in their financial statements?
factual
According to the Aerus Power of Attorney, how long after the Franchise Agreement expires or terminates does the Power of Attorney terminate?
factual
According to the Aerus Principal Guaranty, what laws govern the interpretation of the guaranty agreement?
factual
According to the Aerus Principal Guaranty, can Aerus pursue its rights against the guarantor without first exhausting its remedies against the franchisee?
factual
According to the Aerus Principal Guaranty, which state's laws govern the interpretation of the guaranty?
factual
According to the promissory note, how is interest calculated on the unpaid principal balance for an Aerus franchise?
factual
According to the Aerus promissory note, how many days does the Maker or Guarantor have to dismiss an involuntary petition or complaint filed against them seeking bankruptcy or reorganization before it is considered an event of default?
factual
According to Aerus, who is responsible for defending any legal action brought against the Depository or Payee due to actions taken under the debit authorization?
factual
According to the Rhode Island Addendum, what type of franchise agreement provision is void with respect to a claim enforceable under the Rhode Island Franchise Investment Act for Aerus?
factual
According to the schedule of collateral, what information is required regarding the real estate premises where the Aerus collateral is located?
factual
According to the Aerus Schedule of Equipment Collateral, are renewals and replacements of equipment included in the collateral?
factual
According to the Schedule of Fixtures Collateral, does Aerus's definition of fixtures include proceeds from the described fixtures?
factual
According to the Aerus Security Agreement, who is considered the 'Secured Party'?
factual
According to the Aerus Security Agreement, what constitutes an 'Event of Default' if the Debtor fails to pay principal or interest on the Debt when due?
factual
According to the Aerus security agreement, does the definition of 'Collateral' include cash deposited with Aerus LLC?
factual
According to the Aerus security agreement, does the definition of 'Collateral' include computer programs containing information pertaining to any Account Debtor?
factual
According to the Aerus security agreement, what is the first application of moneys from the sale of collateral?
factual
According to the Aerus security agreement, what happens to any balance remaining after the debt is repaid from the sale of collateral?
factual
According to the Aerus security agreement, what is the order of application of proceeds from the sale of collateral after covering expenses?
factual
According to the Aerus security agreement, are the rights and remedies provided cumulative or exclusive?
factual
According to the Aerus security agreement, how can the Secured Party provide notice of default to the Debtor?
factual
According to the Aerus security agreement, what does the term 'Code' refer to?
factual
According to the Aerus security agreement, what does the term 'Debt' encompass?
factual
According to the Aerus Software License Agreement, where can the definitions of capitalized terms not defined in the Software License Agreement itself be found?
factual
According to the Aerus Software License agreement, what entity is identified as the Licensor?
factual
According to the Software License agreement, what is the name of the licensor for Aerus franchises?
factual
According to the Software License, who owns the copies of the Aerus Software and Documentation during and after the term?
factual
According to the software license, who owns the copies of the Aerus software and documentation during and after the term of the license?
factual
According to the Aerus Software License, who is responsible for determining the desired results from using the software?
factual
According to the Aerus software license, what specific types of damages is Licensor not responsible for?
factual
According to the South Dakota addendum, what effect does a statement signed by an Aerus franchisee have regarding waiving claims under state franchise law?
factual
According to the state cover page information, does New York State's registration of the Aerus franchise mean that New York State recommends it or has verified the information in the Franchise Disclosure Document?
factual
According to Aerus, what types of investments are considered cash and cash equivalents for the purpose of cash flow statements?
factual
According to the Virginia Retail Franchising Act, what constitutes unlawful behavior for Aerus regarding franchise cancellation?
factual
According to Aerus' warranty policy, who is considered liable for warranty claims?
factual
According to Washington law, can Aerus include a provision in the franchise agreement that allows them to repurchase the franchisee's business without consent if the franchise is terminated for good cause?
factual
What accounting method does Aerus use for income taxes?
factual
Is accrued and unpaid interest included in the final installment payment for the Aerus Secured Promissory Note?
factual
What action is the Aerus Debtor required to take as directed by the Secured Party regarding a new location or name?
factual
What action is the Aerus debtor required to take if foreclosure on a lien appears imminent?
factual
What action should a prospective Aerus franchisee take if they have complaints about the content of the Aerus website?
factual
What action should a prospective Aerus franchisee take if they have complaints about the content of the Aerus website in California?
factual
What action must Aerus take if the Franchise Agreement is terminated by Aerus?
factual
What actions is the Debtor required to take to protect the priority of the Secured Party's security interest in the Collateral for the Aerus franchise?
factual
What actions is an Aerus franchisee (Debtor) expressly waiving in the event of default, related to acceleration of debt?
factual
What actions must an Aerus franchisee take immediately upon expiration or termination of the franchise agreement regarding the operation of the franchised business?
factual
What actions must an Aerus franchisee take to maintain the Customer Data during the term of the Franchise Agreement?
factual
What actions must an Aerus franchisee take upon termination or expiration of the 'Beyond Products' addendum?
factual
What actions must the franchisee take upon termination or expiration of the Aerus Beyond Products Addendum regarding the Beyond Marks?
factual
What actions are included in the definition of 'transfer' by a franchisee according to the Aerus Franchise Agreement?
factual
What actions related to confidentiality or non-disclosure are prohibited under the Aerus Franchise Agreement?
factual
What actions are Aerus Sponsors prohibited from performing regarding the awarding of Aerus franchises?
factual
What actions can Aerus take immediately upon terminating the agreement to preserve customer care and minimize disruption of the Franchised Business?
factual
Does the Aerus Addendum completely replace the original Franchise Agreement, or does the Franchise Agreement remain in effect?
factual
Does the Aerus Addendum modify the Franchise Agreement in its entirety, or are there parts of the Franchise Agreement that remain unchanged?
factual
What is the address of the agent for service of process for Aerus in North Dakota?
factual
What is the address for the agent of service of process for Aerus in the state of Washington?
factual
What is the address for the Commissioner of Securities in Wisconsin regarding Aerus?
factual
What is the address to contact the Department of Financial Institutions regarding Aerus franchises in Washington?
factual
What is the address to contact Jason Johnson, Vice President of Sales Operations at Aerus, regarding unauthorized financial performance information?
factual
What is the address for contacting the Securities Commissioner regarding Aerus franchises in Hawaii?
factual
What is the address for the Department of Financial Institutions, the Securities Division for Aerus in Washington?
factual
To what address must the Guarantor send the written termination notice for Aerus?
factual
What is the address for the Illinois Attorney General, the contact for Aerus franchise matters in Illinois?
factual
What is the address for the Illinois Attorney General related to Aerus?
factual
What is the address of the Illinois Attorney General, the State Administrator/Agent for Aerus?
factual
What is the address for the Illinois Attorney General, the State Administrator/Agent for Aerus franchises?
factual
What is the address for the Indiana Secretary of State related to Aerus?
factual
What is the address to which the landlord should send copies of letters and notices pertaining to the lease to Aerus?
factual
What address should the Landlord use to send copies of letters and notices pertaining to the Lease to Aerus?
factual
What address should the Landlord use to send copies of letters and notices regarding the lease to Aerus?
factual
What is the address the Landlord should use to send letters and notices to the Aerus Real Estate Department?
factual
What is the address for the Maryland Securities Commissioner related to Aerus?
factual
What is the address to which payments should be sent to Aerus Franchising, LLC, according to the promissory note?
factual
What is the address to which payments should be sent to Aerus Franchising, LLC according to the Secured Promissory Note?
factual
What is the address for the Securities Division Department of Financial Institutions in Washington concerning Aerus?
factual
What is the address for the State Administrator/Agent in South Dakota for Aerus franchising?
factual
What is the address for the State Corporation Commission, Division of Securities and Retail Franchising, the State Administrator/Agent for Aerus franchises in Virginia?
factual
What is the address of the State Corporation Commission, the Division of Securities and Retail Franchising for Aerus in Virginia?
factual
When administering the Aerus System Media Fund, is Aerus obligated to ensure that any particular franchisee benefits directly or pro rata from expenditures?
factual
When administering the Aerus System Media Fund, is Aerus obligated to expend any particular amount of money in a franchisee's Area of Responsibility?
factual
When administering the Aerus System Media Fund, is Aerus obligated to make expenditures equivalent or proportionate to a franchisee's contribution?
factual
When is the Administration and Technical Support Fee for Aerus currently collected?
factual
When is the Administration and Technical Support Fee due for an Aerus franchise?
factual
How is the 'Administration and Technical Support Fee' for an Aerus franchise determined?
factual
What is the advance written notice period Aerus must provide to terminate the consignment agreement for any reason?
factual
What does 'Affiliate' mean in the context of an Aerus franchise agreement?
factual
What does 'Affiliate' mean in the context of the Aerus franchise agreement?
factual
Can Aerus or its affiliates operate similar businesses under the same or other names within the franchisee's Area of Responsibility?
factual
Does Aerus or its affiliates receive rebates from third parties as a result of required purchases or leases by Aerus franchisees?
factual
What is the 'Aftermarket, labor, and parts' component of the Minimum Sales Requirement for Aerus?
factual
Can the Aerus agreement be changed orally?
factual
Does the Aerus agreement confer any rights or remedies to persons other than the franchisee, company, affiliates, officers, directors, personnel, successors, and assigns?
factual
Does the Aerus agreement disclaim express representations made in the Franchise Disclosure Document?
factual
Can the Aerus agreement be executed in multiple counterparts?
factual
Can the Aerus agreement be executed in multiple counterparts, and what is the effect of doing so?
factual
What agreement is being executed simultaneously with the Aerus Consigned Products Security Agreement?
factual
What agreement governs the Aerus Consignee's franchised business operations?
factual
Does the Aerus agreement include a waiver of jury trial for litigation related to the agreement?
factual
Does the Aerus agreement intend to constitute either party an agent, legal representative, affiliate, joint venturer, partner, employee, joint employer or servant of the other?
factual
In the Aerus agreement, what does a reference to a 'person' mean?
factual
To what agreement does the Aerus Secured Promissory Note refer?
factual
Does the Aerus agreement supersede all previous agreements?
factual
What agreements are included in Exhibit 3 for Aerus franchisees?
factual
What agreements should I review to understand the provisions related to the Aerus franchise relationship as outlined in Item 17?
factual
Does Aerus allow franchisees to conduct any aspect of the Franchised Business over the internet?
factual
Is Aerus allowed to grant other licenses for the use of Customer Data, including portions relevant to an Aerus franchisee's Area of Responsibility?
factual
Can Aerus alter or change the assumed name under which the Franchised Business is identified and operated?
factual
What was the amount Aerus charged the Company for corporate overhead services for the year ended December 31, 2024?
factual
What amount is due in the final installment for the Aerus Secured Promissory Note?
factual
What is the amount of each equal monthly installment for the Aerus Secured Promissory Note?
factual
What is the amount that I, as an Aerus franchisee, must pay for breach of the non-compete covenants in addition to other remedies available to Aerus?
factual
Can the amount of the guaranteed obligations be diminished by the lender regarding Aerus?
factual
What is the amount of the initial franchise fee for an Aerus franchise, and when is it due?
factual
What is the amount of the non-refundable and non-transferable Good Faith Deposit required with the Aerus commitment letter?
factual
What is the anticipated initial down payment range if Aerus provides financing?
factual
How is the 'Application Fee' amount determined for an Aerus franchise?
factual
For the Aerus Appointment of Agent and Power of Attorney, what date must be entered on the signature page?
factual
In the Appointment of Agent and Power of Attorney document for Aerus, what information is required for the 'Franchisee' section?
factual
How is an 'Approved Customer' defined for an Aerus franchise?
factual
What is an 'Approved Location' for an Aerus franchise?
factual
Can the approved location for an Aerus franchise be used for any business other than the Aerus franchised business?
factual
Where is the 'Approved Name' defined within the Aerus FDD?
factual
What is the 'Approved Name' that Aerus franchisees must use?
factual
What is the approximate square footage required for an Aerus franchise location?
factual
Where will arbitration or mediation take place for an Aerus franchise purchased in Washington?
factual
Where will arbitration occur according to the Aerus franchise agreement?
factual
Where will arbitration occur for Aerus franchise agreements, and who bears the costs?
factual
Was the arbitration proceeding related to the Enviro Professionals, LLC lawsuit against Aerus settled?
factual
Where is the 'Area of Responsibility' defined within the Aerus FDD?
factual
Is the Area of Responsibility for an Aerus franchise a set distance for all Franchised Businesses?
factual
When was ARS Home Solutions Canada, Inc. conducting business of the type to be operated by an Aerus franchisee?
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What aspects of the Aerus Proprietary System can the company change or improve at its sole option?
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How does Aerus assess contingent liabilities that may result in a loss to the company?
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Can Aerus assess franchisees for contributions to the System Media Fund?
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What assets can be financed through Aerus' financing program?
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Does Aerus assume a fiduciary obligation to franchisees for maintaining the System Media Fund?
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What assumed name filings must be cancelled or terminated immediately upon termination of the Aerus franchise agreement?
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What assumed name must the Aerus Franchised Business be identified and operated under?
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Is attempting an unauthorized transfer of the Aerus franchise grounds for immediate termination?
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During an audit of Aerus, is the auditor required to express an opinion on the effectiveness of the company's internal control?
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Does the audit of Aerus' financial statements include expressing an opinion on the effectiveness of the company's internal control?
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During the audit, what level of judgment and skepticism is Aerus' auditor expected to exercise?
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Are Aerus' audited financial statements included as an exhibit in the Disclosure Document?
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When auditing Aerus' financial statements, what types of risks must the auditor identify and assess?
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What does the auditing firm believe regarding the audit evidence they obtained for Aerus?
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What are the auditors required to communicate to those charged with governance at Aerus regarding the audit?
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Who has the authority to act for Aerus in changing, amending, or modifying the agreement?
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What authority does an Aerus franchisee have regarding employment matters?
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Is Aerus authorized to allow employees or representatives to make financial performance representations orally?
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How is the Baseline for the Aerus Franchised Business defined?
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On what basis is interest calculated for the Aerus Secured Promissory Note?
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Who bears the cost of hiring employees, consultants, and agents for establishing and operating the Aerus Franchised Business?
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Who bears the cost of hiring employees for an Aerus franchise?
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Who bears the costs of arbitration according to the Aerus franchise agreement?
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When did Aerus begin offering qualified franchises the right to sell its premium line of products and services under the "Beyond by Aerus" mark?
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Besides Approved Locations, from what other physical locations can the Aerus Franchised Business be operated?
factual
Besides the changes in the addendum, what remains in effect for the Aerus Franchise Agreement?
factual
Besides cleaning, purification, and health improvement product suppliers, with whom else will an Aerus franchisee be competing?
factual
Besides what is described in the Aerus Disclosure Document, Franchise Agreement, and Manuals, does Aerus conduct or require participation in any group advertising program?
factual
Besides the Enviro Professionals, LLC action, does Aerus have any other litigation required to be disclosed in Item 3?
factual
Besides the exceptions listed, are the initial fees for an Aerus franchise uniformly imposed and refundable?
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Besides the Franchise Disclosure Document, what other documents constitute the entire agreement between Aerus and the franchisee?
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Besides the franchisee, who else is Aerus not allowed to authorize to establish a physical location for the operation of any Aerus Business within the Protected Area?
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Besides the franchisee and Aerus, who else is intended to have rights or remedies under the Aerus agreement?
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Who, besides the franchisee, is intended to have rights or remedies under the Aerus franchise agreement?
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Besides the listed states, does Aerus indicate that other states may require registration, filing, or exemption of a franchise under other laws?
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Besides the modifications in the Addendum, what is the status of the Aerus Franchise Agreement?
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Besides the modifications in the Addendum, what is the status of the original Aerus Franchise Agreement?
factual
Besides operating the Franchised Business, what other purposes is an Aerus franchisee prohibited from using the Customer Data for?
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Besides the Operating Principal, are Aerus managers required to maintain an ownership interest in the Franchisee or the Franchised Business?
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Besides the Operating Principal, what ownership percentage triggers a personal guarantee requirement for principals of an Aerus franchise?
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Besides the principal and interest on the note, what else constitutes 'Debt' under the Aerus security agreement?
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Besides the rights granted to the franchisee, what rights concerning the Customer Data does Aerus retain?
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Besides sale and assignment, what other actions constitute a 'transfer' by the franchisee under the Aerus agreement?
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Besides selling products, what other services can an Aerus franchisee provide?
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What is 'Beyond by Aerus' and when was it established?
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When is the Beyond Fee due and payable to Aerus?
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What is the 'Beyond Fee' that an Aerus franchisee must pay, and is it refundable?
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Is the Beyond Fee paid to Aerus refundable?
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After the Aerus Beyond Products Addendum terminates, for how long must the franchisee refrain from promoting or selling similar products?
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Where is 'Beyond Products' defined within the Aerus FDD?
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What brand name did Aerus establish in 2013 for its line of products and services?
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What brand names, besides 'Aerus', does Aerus LLC retain non-exclusive rights to?
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What are Aerus Businesses?
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What does the California Addendum to the Aerus Disclosure Document and Franchise Agreement address?
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In California, who is the agent for service of process for Aerus?
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Which California department has not reviewed or approved the Aerus websites?
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What California law governs the rights of Aerus franchisees concerning termination, transfer, or non-renewal of a franchise?
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What California law requires that a copy of all proposed agreements relating to the sale of the Aerus franchise be delivered with the disclosure document?
factual
In California, which specific department handles franchise regulation for Aerus?
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Where does Carl C. Christoff maintain his office while serving as Manager, Executive Vice President, Chief Legal Officer, and Secretary for Aerus?
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In the case of *Aerus Franchising, LLC v. AVACS, LLC & Joe Ardito*, what obligations were Aerus seeking to enforce?
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In the case of *Aerus Franchising, LLC v. AVACS, LLC & Joe Ardito*, what specific post-term obligations is Aerus seeking to enforce?
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Does ceasing to do business trigger immediate termination of the Aerus agreement?
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What were the central disputed issues in the lawsuit involving Aerus Enterprise Solutions, LLC and Enviro Professionals, LLC?
factual
Can Aerus change the content of its company website without notifying franchisees?
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Can Aerus change the design or content of its company website without notifying the franchisee?
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Can Aerus change, revise, or eliminate the design, content, and functionality of its website without prior notice to the franchisee?
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Does Aerus charge a fee for access and use of the Customer Data pertinent to the Area of Responsibility?
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Does Aerus charge a fee for franchisee access to and use of the Customer Data?
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Does Aerus charge a fee for franchisees to request approval of a new product, service, or supplier?
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Does Aerus charge interest on invoiced amounts owed for products shipped?
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Does any circumstance that might constitute a defense for the borrower affect the Aerus guarantee?
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In what city does Joseph P. Urso, the Manager, Chairman, and Chief Executive Officer of Aerus, maintain an office?
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Does a claim that an Aerus franchisee may have against the company constitute a defense to the enforcement of the non-compete covenants?
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When is the Closure Fee due for an Aerus franchise?
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What does the collateral for an Aerus franchise include, according to the schedule?
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Does the collateral for an Aerus franchise include proceeds from the inventory?
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Does the collateral for Aerus include future inventory acquired by the consignee?
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What does the collateral schedule for Aerus include regarding inventory?
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Who is the Commissioner of Commerce, the State Administrator/Agent for Aerus in Minnesota?
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How does Aerus communicate modifications to its standards and specifications relating to the operation of an Aerus Business?
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How does Aerus communicate its product, service, or supplier specifications to franchisees and approved suppliers?
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What communication devices are Aerus franchisees required to have at their Approved Location?
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What communication devices are required for an Aerus franchise Approved Location?
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What communication devices are required for operating FOAS at an Aerus franchise?
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Where is the 'Company Consumer Warranty' defined within the Aerus FDD?
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Where is 'Company' defined within the Aerus FDD?
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Where can complaints concerning the content of Aerus' websites (www.aerusonline.com and www.beyondbyaerus.com) be directed in California?
factual
When completing the receipts form for Aerus, is it required to attach a voided check?
factual
How does Aerus compute the allowance for credit losses?
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What computer hardware and connections are Aerus franchisees required to maintain at their Approved Location to support FOAS?
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What condition must an Aerus Approved Location be maintained in, according to the company?
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What condition must the Aerus Approved Location be maintained in, according to the FDD?
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What condition must the Approved Location be maintained in for an Aerus franchise?
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What condition must an Aerus franchisee maintain their Approved Location in?
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What conditions must be met for a release or waiver of rights in an Aerus franchise agreement to be valid in Washington?
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Can the conduct of an Aerus franchisee's Outlet Licensees, Sales Representatives, employees, agents or representatives affect the Franchise Agreement?
factual
Does the confidentiality section of the Aerus franchise agreement survive the expiration or termination of the agreement?
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What consent is required before an Aerus franchisee under the Standard Program may engage an Outlet Licensee?
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What is the consequence for Aerus franchisees under the Associate Program regarding opening additional locations?
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What is the consequence if an Aerus franchisee sells any product to any person or entity other than an Approved Customer?
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Does Aerus consider social media influencers as public figures or celebrities?
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What consideration is being acknowledged and confirmed in the Aerus agreement?
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What is the consideration for the Aerus Software License agreement?
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What is considered 'Confidential Information' related to an Aerus Business?
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What is considered a 'Consigned Product' under the Aerus franchise agreement, and what is specifically excluded from this definition?
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What is considered a 'Payment' to Aerus, as defined in the franchise agreement?
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What does 'Consigned Product' mean in the context of an Aerus franchise?
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Where must Aerus Consigned Products be maintained before delivery to customers?
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Where must Aerus Consigned Products be maintained by the franchisee?
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In the Aerus Consigned Products Security Agreement, what is the 'Effective Date' defined as?
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Is the Aerus consignee allowed to sell, remove, or assign collateral without permission?
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How must the Aerus consignee keep the consigned products in relation to other goods or assets?
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What is the Aerus Consignee required to do with the consigned products in their books and records?
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Is the Aerus Consignee required to execute additional documents to confirm the Company's security interest?
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How is the Aerus Consignee required to sell the consigned products?
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What is the Aerus consignee's obligation regarding the cost of filing or recording the consignment agreement and related financing statements?
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What are the Aerus consignee's obligations regarding keeping the consigned products separate from other goods?
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What are the Consignee's obligations regarding the separation and marking of Consigned Products in their books and records for Aerus?
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What constitutes an 'Approved Location' for an Aerus franchise?
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What constitutes an "Aerus Business" according to the FDD?
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What constitutes 'Confidential Information' according to the Aerus Franchise Agreement?
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What constitutes an 'Event of Default' according to the Aerus franchise agreement security terms?
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What constitutes an Event of Default for Aerus if any representation or warranty made by the Debtor is untrue in any material respect?
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What constitutes an 'Event of Default' under the Aerus consignment agreement?
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What constitutes an 'Event of Default' under the Aerus Security Agreement if the Debtor fails to pay any indebtedness for borrowed money upon maturity?
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What constitutes 'Insolvency' as an Event of Default under the Aerus Security Agreement, and what is the timeframe for terminating the appointment of a trustee, custodian, or receiver to avoid default?
factual
What constitutes a material breach or default of the Aerus agreement?
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What constitutes a material breach of the Aerus Franchise Agreement that could lead to termination?
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What constitutes a misrepresentation that could affect the Aerus Franchise Agreement?
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What constitutes a violation of the advertising or promotion provisions of the Aerus Franchise Agreement that could lead to termination?
factual
What is the contact information for Jason Johnson, Vice President of Sales Operations at Aerus, for reporting unauthorized financial performance information?
factual
When are the Aerus contest participation fees due?
factual
In the context of the Aerus Beyond Program Addendum, what is the 'Effective Date'?
factual
In the context of Aerus' financial reporting, who is responsible for making estimates and assumptions?
factual
In the context of the Aerus franchise, what document is the Lease Rider attached to and considered a part of?
factual
What contracts are included in Exhibit 2(a) of the Aerus Franchise Disclosure Document?
factual
Does Aerus have any contractual limitations on the frequency or cost of maintenance and/or upgrades to the computer equipment?
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What cooperation is required of the Aerus franchisee with the company upon expiration or termination of the agreement?
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What copyright notice must be included on any copies of the Aerus software made under Licensor's direction?
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How are 'Core Unit' products determined for an Aerus franchise?
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What are 'Core Unit' products for an Aerus franchise, and where are they designated?
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Where are Core Units defined for Aerus franchises?
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What are 'Core Units' for Aerus franchises?
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What cost is the Aerus Consignee obligated to pay regarding the security interest?
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What costs can Aerus charge to the System Media Fund?
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What costs can the Aerus System Media Fund be used to meet?
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What was the court where the Enviro Professionals, LLC v. Aerus Enterprise Solutions, LLC case was filed?
factual
What covenants and restrictions must an Aerus franchisee continue to comply with upon termination?
factual
What criteria does Aerus use to assess the credit risk of a franchisee regarding notes receivable?
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What are the criteria Aerus uses to define a 'public figure'?
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What is the cure period for a default under any material contract, agreement, or instrument to which an Aerus Franchisee is a party?
factual
What is the cure period for an Aerus franchisee's failure to pay monies owed to Aerus or its affiliates?
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In what currency must the principal sum be paid to Aerus under the Secured Promissory Note?
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Does Aerus currently charge handling fees?
factual
Where is 'Customer Data' defined within the Aerus FDD?
factual
When is the Aerus Customer Data Fee due?
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When is the Customer Data Fee due for an Aerus franchise?
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When is the Customer Data Fee due and payable for an Aerus franchise?
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What is the 'Customer Data Fee' for an Aerus franchise?
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What is the 'Customer Data Fee' for an Aerus franchise, and where can the specific amount be found?
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What is the 'Customer Data' that Aerus owns and maintains?
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What was the date the case involving Aerus Enterprise Solutions, LLC and Enviro Professionals, LLC was dismissed?
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What date is required on the form to be completed for Aerus?
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What was the date of the settlement agreement between Aerus Enterprise Solutions, LLC and Enviro Professionals, LLC?
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As of what dates are the audited financial statements for Aerus included in the Disclosure Document?
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As of what dates are the audited financial statements for Aerus included in Exhibit 1?
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On what day of the month do the equal monthly installments commence for the Aerus Secured Promissory Note?
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What is the deadline for applying for Aerus's consent to transfer a franchise interest?
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What is the deadline for an Aerus franchisee to apply for consent to transfer their franchise?
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What is the deadline for Aerus franchisee payments?
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What is the deadline for an Aerus franchisee to provide written notice of their desire to renew their franchise?
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What is the deadline for an Aerus franchisee to provide written notice of their desire to renew their franchise agreement?
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What is the deadline for an Aerus franchisee to submit the monthly profit and loss statement to the company?
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What is the deadline for Aerus to notify a franchisee of advertising material approval after submission?
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Does the 'Debt' definition in the Aerus security agreement include attorney's fees incurred during collection?
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What must an Aerus debtor do if collateral is removed from the premises by persons not within their control?
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What must an Aerus debtor do if they desire to alter their exact legal name?
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What must an Aerus debtor do if they desire to change its jurisdiction of formation?
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What must an Aerus debtor do if they desire to establish a new location for their principal place of business?
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What must an Aerus debtor do if they desire to take title to the Collateral?
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What is an Aerus debtor prohibited from doing regarding the collateral?
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What is Aerus Debtor prohibited from doing regarding the collateral?
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What is the Aerus debtor prohibited from doing regarding the impairment of the collateral's value?
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What is the Aerus debtor prohibited from doing regarding their legal name?
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What is the Aerus Debtor prohibited from doing regarding the location of original books of account or records concerning the Collateral?
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What is the Aerus debtor prohibited from doing regarding the removal of collateral from the premises?
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What is the Aerus debtor prohibited from permitting regarding the collateral and taxes?
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What is the Aerus debtor prohibited from permitting regarding the location of original books of account?
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What is the Aerus Debtor required to furnish to the Secured Party upon demand regarding tax payments?
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What is the Aerus debtor required to furnish to the Secured Party upon demand regarding taxes?
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What is the Aerus Debtor required to do if collateral is removed from the premises by persons not within their control?
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What is the Aerus debtor required to maintain regarding their entity formation?
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What is the Aerus debtor required to pay during the term of the Security Agreement?
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What is the Aerus debtor required to provide to the Secured Party when altering the exact legal name of Debtor?
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What is the Aerus debtor required to provide to the Secured Party when changing its jurisdiction of formation?
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What is the Aerus debtor required to provide to the Secured Party when establishing a new location for its principal place of business where Collateral or original books of account or records relating to the Collateral may be kept?
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What is the Aerus debtor required to provide to the Secured Party when taking title to the Collateral?
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What is the Aerus debtor required to do regarding the location of the Collateral, besides sales of inventory, according to the Aerus Security Agreement?
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What is the Aerus debtor's obligation regarding the jurisdiction of formation?
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What is the Aerus debtor's obligation regarding its legal name?
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What is the Aerus debtor's obligation regarding the location of books and records relating to the collateral?
factual
What is the Aerus debtor's obligation regarding the location of the collateral?
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What is the Aerus debtor's obligation regarding the location of the principal place of business?
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What is the Aerus Debtor's obligation regarding taxes, assessments, and charges on the collateral?
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What is the Aerus debtor's obligation regarding the use of other names or trade styles?
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Where are the Aerus debtor's original books of account and records relating to the Collateral kept?
factual
As of December 31, 2024, how many Aerus Businesses does ARS Home Solutions, LLC own and operate in the United States?
factual
As of December 31, 2024, what is the total amount of receivables due to the Company from ActivePure Enterprise, ActivePure Partner, ActivePure Global, ActivePure Manufacturing, AES, Aerus Canada, Aerus Enterprise, Pure (ABC), Pure (TPC), and Vollara?
factual
What deductions or withholdings are prohibited from payments made by the guarantor to the lender for Aerus guaranteed obligations?
factual
For Aerus, is a 'default' as defined in the Franchise Agreement considered an event of default under the promissory note?
factual
Is defaulting under the consignment agreement considered an 'Event of Default' for Aerus?
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How does Aerus define 'Affiliate' in the context of the franchise agreement?
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How does Aerus define an "Approved Location" for a Franchised Business?
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How does Aerus define an 'Approved Location' for the Franchised Business?
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How does Aerus define 'Gross Sales' for a Franchised Business?
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How does Aerus define 'Gross Sales' for a Franchised Business, and are third-party delivery expenses deductible from Gross Sales?
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Where is the definition of 'Agreement' found within the Aerus FDD?
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What is the definition of an 'Approved Customer' for an Aerus franchise?
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What is the definition of 'Approved Customers' for an Aerus franchise?
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What is the definition of 'Approved Location' for an Aerus franchise?
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What is the definition of 'Approved Name' for an Aerus franchise?
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Does the definition of 'Collateral' for an Aerus franchise include after-acquired assets?
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Does the definition of 'Collateral' for Aerus include cash deposited with Aerus LLC?
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Does the definition of 'Collateral' in the Aerus security agreement include assets acquired after the agreement is signed?
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Does the definition of 'Confidential Information' for an Aerus franchise include customer lists?
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What is the definition of "Confidential Information" related to an Aerus Business?
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What definition in the Aerus Franchise Agreement is supplemented to include Beyond Products?
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What is the definition of 'General Manager' in the context of an Aerus franchise?
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What is the definition of 'Law' as it pertains to the Aerus franchise agreement?
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What is the definition of 'Licensed Outlet' within the Aerus franchise agreement?
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What is the definition of 'Outlet Licensee' in the context of an Aerus franchise?
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What is the definition of 'Software' and 'Documentation' in the Aerus Software License agreement?
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What is the definition of 'Software' in the Aerus Software License agreement?
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What is the dependency between the Aerus Franchise Agreement and the Consignment Agreement regarding events of default?
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Who must an Aerus depositor indemnify for any loss arising from a dishonored debit?
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Does the description of Aerus' inventory collateral include proceeds of the inventory?
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Can Aerus designate the manner in which franchisees must advertise?
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Who is designated as the 'Franchisee' in the Aerus FDD receipt signature block?
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Who designates the price for Consigned Products offered for sale at an Aerus Business?
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How does Aerus determine the Area of Responsibility for each Franchised Business?
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How does Aerus determine the provision for credit loss related to notes receivable from Aerus franchisees?
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Who determines permanent disability for an Aerus franchisee, and what happens if the franchisee refuses examination?
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Who determines permanent disability for an Aerus franchisee or principal?
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Can Aerus develop and establish other systems using the Marks or other names or marks and grant licenses thereto without providing any additional rights to franchisees?
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Does the Aerus Disclosure Document include unaudited financial statements?
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Who has the discretion to implement, revoke, or modify the Aerus enforcement system?
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Where must disputes with Aerus be submitted for arbitration?
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What are the distinguishing characteristics of the Proprietary System used by Aerus franchisees?
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What are some of the distinguishing characteristics of the Proprietary System used by Aerus franchisees?
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What are some distinguishing characteristics of the Proprietary System used by Aerus franchisees?
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What document must Aerus franchisee principals execute as a condition for receiving franchise rights?
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What documentation is Aerus Franchising, LLC authorized to execute and deliver on behalf of an Aerus franchisee under the Power of Attorney?
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What documentation is Aerus Franchising, LLC authorized to execute and deliver on behalf of the Aerus franchisee?
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What documentation regarding the franchisee's organization is Aerus entitled to review before the execution of the Franchise Agreement?
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What documents, besides the franchise agreement, might contain obligations for Aerus franchisees?
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What documents constitute the entire agreement and understanding between Aerus and the franchisee?
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What documents will an Aerus franchisee be required to execute to protect the lender's interest?
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What documents is the Licensee required to execute and deliver to Aerus if requested?
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Are Aerus door-to-door salespeople required to be bonded under state or local laws?
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What is the duration of the initial term for an Aerus franchise, as stated in Schedule 1?
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What is the effect of the California Addendum on the enforceability of certain provisions in the Aerus franchise agreement?
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What is the effect of revocation or termination by the Guarantor on the Lender's rights regarding Guaranteed Obligations for Aerus?
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What is the effect of a waiver by the Lender of any right, power and/or remedy on any one occasion under the Aerus Guarantee?
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What effort must an Aerus franchisee make to advertise and promote the Franchised Business in their Area of Responsibility?
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What efforts are Aerus franchisees required to make to sell and increase sales of Aerus Products?
factual
When did Electrolux LLC change its name to Aerus LLC?
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Does the Electronic Funds Transfer authorization agreement hold the Depository liable if a debit is not honored, whether with or without cause, for Aerus?
factual
Does Aerus employ any public figures in its management?
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What enforcement systems can Aerus implement for the franchise agreement?
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Can Aerus engage directly or indirectly in the production, distribution, license, and sale of products and services using the Marks?
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Can Aerus establish additional franchise programs that utilize the Marks and the System?
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Will Aerus establish or authorize any other physical locations for Aerus Businesses within the franchisee's Protected Area?
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Can Aerus establish other businesses under the same trademarks as the Marks within a franchisee's Area of Responsibility?
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Can Aerus establish minimum staffing requirements and hours of operation for Approved Locations?
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What is the estimated cost range for additional funds (3 months) for the Aerus Associate Program?
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What is the estimated cost range for additional funds (3 months) for the Aerus Standard Program?
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What is the estimated cost range for advertising and promotion for the Aerus Associate Program?
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What is the estimated cost range for advertising and promotion for the Aerus Standard Program?
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What is the estimated cost range for architect fees for the Aerus Associate Program?
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What is the estimated cost range for architect fees for the Aerus Standard Program?
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What is the estimated cost range for furniture, fixtures, and equipment for an Aerus Associate Program?
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What is the estimated cost range for furniture, fixtures, and equipment for an Aerus Standard Program?
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What is the estimated cost range for goodwill for the Aerus Standard Program?
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What is the estimated cost range for initial inventory for the Aerus Associate Program?
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What is the estimated cost range for initial inventory for the Aerus Standard Program?
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What is the estimated cost range for insurance deposits and premiums for the first year for both the Aerus Standard and Associate Aerus Programs?
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What is the estimated cost range for permits and licenses for both the Aerus Standard and Associate Programs?
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What is the estimated cost range for pre-opening training expenses for both the Aerus Standard and Associate Programs?
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What is the estimated cost range for other professional fees for both the Aerus Standard and Associate Programs?
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What is the estimated cost range for purchasing the required computer system, hardware, and software for an Aerus franchise?
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What is the estimated cost range for signage for the Aerus Associate Program?
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What is the estimated cost range for signage for the Aerus Standard Program?
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What is the estimated cost range for site lease (for 3 months) for the Aerus Associate Program?
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What is the estimated cost range for site lease (for 3 months) for the Aerus Standard Program?
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What is the estimated cost range for supplies for both the Aerus Standard and Associate Programs?
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What is the estimated cost range for utility deposits for both the Aerus Standard and Associate Programs?
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What is the estimated cost range for a vehicle for both the Aerus Standard and Associate Programs?
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What is the estimated initial franchise fee for the Aerus Associate Program?
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What is the estimated initial franchise fee for the Aerus Standard Program?
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What is the estimated maximum cost for Additional Funds (3 months) for an Aerus Associate Program?
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What is the estimated maximum cost for Architect Fees for an Aerus Standard Program?
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What is the estimated maximum cost for Furniture, Fixtures, and Equipment for an Aerus Standard Program?
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What is the estimated maximum cost for Supplies (stationary, business cards, etc.) for an Aerus Standard Program?
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What is the estimated maximum cost for Vehicle expenses for an Aerus Associate Program?
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What is the estimated minimum cost for Insurance deposits and Premiums for the first year for an Aerus Associate Program?
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What is the estimated minimum cost for Leasehold Improvements for an Aerus Associate Program?
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What is the estimated minimum cost for Pre-Opening Training Expenses for an Aerus Associate Program?
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What is the estimated range for aftermarket and service parts and the Security Deposit for Consigned Products under the Standard Program for an Aerus franchise?
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What is the estimated range for aftermarket and service parts and the Security Deposit for Consigned Products under the Associate Program for an Aerus franchise?
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What is the estimated range for the Initial Franchise Fee for an Aerus Standard Program?
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What is the estimated range for Initial Inventory costs for an Aerus Standard Program?
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What ethical responsibilities are the auditors required to meet in relation to their audit of Aerus?
factual
In the event of a breach of covenants in Section 19, what is the fixed amount that the Aerus franchisee and their principals jointly and severally agree to pay Aerus per occurrence?
factual
What event would cause an Aerus debtor to lose the right to retain possession of collateral?
factual
In the event of a conflict between the Wisconsin Addendum and the Aerus Franchise Agreement, which document's terms and conditions will apply?
factual
In the event of conflicting laws, which law prevails for an Aerus franchise?
factual
In the event of conflicting laws, which law prevails for an Aerus franchise in Washington?
factual
In the event of the death of an Aerus franchisee, how long does the executor have to transfer the interest?
factual
In the event a debit is dishonored, does Aerus require the depositor to indemnify both the Payee and the Depository for any resulting loss?
factual
In the event of default for an Aerus franchise, can the secured party accelerate the debt without providing notice to the debtor?
factual
What is an event of default under the Aerus consignment agreement related to payments?
factual
In the event of a dispute with Aerus, what is the maximum amount of liability Aerus will have?
factual
In the event of a franchisee's death, what happens if no personal representative is designated for the Aerus franchise?
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In the event of infringement of the Marks, does the Aerus franchise agreement require the company to show actual harm or likelihood of success to obtain an injunction?
factual
In the event of legal action, who is responsible for defending actions taken by the Depository or Payee related to the Aerus depositor's request and authorization?
factual
In the event of litigation related to the agreement, does an Aerus franchisee waive their right to a jury trial?
factual
In the event of repossession, is the Aerus franchisee (Debtor) required to assemble the collateral, and if so, at whose expense?
factual
In the event of a violation of the confidentiality terms, does an Aerus franchisee consent to an injunction?
factual
In the event of a violation of the confidentiality terms, is Aerus required to show actual or threatened harm to obtain an injunction?
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In the event of a violation of Section 19, does Aerus need to demonstrate actual harm or the likelihood of success on the merits to obtain an injunction against the franchisee?
factual
Has Aerus ever offered franchises in any line of business?
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What evidence of sales tax payment does Aerus require from franchisees?
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What exceptions apply to Licensed Outlets regarding Approved Locations for Aerus franchisees?
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What exhibit contains the form for the lease rider for an Aerus franchise?
factual
What exhibit number contains the audited financial statements for Aerus?
factual
What experience does Kevin Hickey have in the field for Aerus?
factual
What is the expiration date of the Line of Credit Agreement (LOC) for AP Sciences Group, LLC, for which the Aerus Company is a guarantor?
factual
What is the extent of the Aerus franchisee's responsibility for Outlet Licensees?
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What is the extent of the protected area granted to an Aerus franchisee from the doorstep of an approved location?
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To what extent is a waiver by the Lender enforceable under the Aerus Guarantee?
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What factors does Aerus consider when approving a proposed site for a new Aerus franchise?
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What factors does Aerus consider when estimating the allowance for credit losses on notes receivable from franchisees?
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What factors does Aerus consider when granting rights under the Franchise Agreement?
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What factors determine the value of goodwill when purchasing an existing Aerus business?
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What factors influence the size and shape of an Aerus Area of Responsibility?
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Does Aerus's failure to invoke a right to terminate waive its ability to terminate the agreement later?
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How is the fair market value of furnishings, equipment, signs, fixtures, vehicles, supplies and inventory determined when Aerus purchases them from the franchisee upon termination?
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How far in advance must a franchisee apply for Aerus's consent to transfer their interest?
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How far in advance must an Aerus franchisee provide written notice of their desire to renew?
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In the Aerus FDD receipt, what date format is used?
factual
In the Aerus FDD, what specific ownership information is required to be disclosed for each investor in the franchisee?
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Does the Aerus FDD specify the form or method for providing written notice of renewal?
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Does the Aerus FDD specify if the renewal terms and conditions are the same as the initial franchise agreement?
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Does Aerus' FDD state whether any party has pending actions, other than routine litigation incidental to the business, which are not significant in the context of the number of franchisees and the size, nature or financial condition of the Aerus franchise system or its business operations?
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Does the Aerus FDD state whether the renewal term begins immediately after the initial term?
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What federal law might make the Aerus franchise agreement's termination upon bankruptcy provision unenforceable?
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What fee must an Aerus franchisee pay when requesting a transfer of the franchise?
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What fee does an Aerus franchisee remit if they return Consigned Products?
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What fee must be paid to Aerus when requesting a transfer of interest?
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What fee must be paid to Aerus when requesting a transfer of interest in the franchise?
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What is the fee required by Aerus for the rights and privileges granted to the franchisee regarding Beyond Products?
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What is the fee for transferring an ownership interest in an Aerus franchise or an approved location?
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Does Aerus have a fiduciary obligation in connection with its maintenance or administration of the System Media Fund?
factual
Does Aerus have a fiduciary obligation in connection with the maintenance or administration of its System Media Fund?
factual
What filings is the Aerus Franchisee required to make regarding the assumed name?
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When is the final installment due for the Aerus promissory note, including the unpaid principal balance and accrued interest?
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When is the final installment due for the Aerus Secured Promissory Note?
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What financial assurance has the Maryland Securities Commissioner required based on Aerus's financial condition?
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What financial obligations must an Aerus franchisee promptly fulfill upon termination?
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Are the financial statements for Aerus audited?
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Are the financial statements for Aerus audited or unaudited for the period beginning January 1, 2025, through March 31, 2025?
factual
Are the Aerus financial statements included in the disclosure document?
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Are the Aerus financial statements included in the disclosure document audited or unaudited for the period beginning January 1, 2025, through March 31, 2025?
factual
In Aerus's financial statements, what is the purchase timeframe that qualifies a highly liquid investment as a cash equivalent?
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Where can I find the audited financial statements for Aerus mentioned in Item 21?
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Where can I find the audited financial statements for Aerus within the Disclosure Document?
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Where can I find the definition of 'Core Unit' products for an Aerus franchise?
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Where can I find more details about the electronic funds transfer process for payments to Aerus?
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Where can I find the minimum balance requirement for the designated bank account for my Aerus franchise?
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Where can I find the Minimum Sales Requirements that an Aerus franchisee must satisfy and achieve?
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Where can I find the operating hours set by Aerus for product demonstrations and sales activities?
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Where can I find the specific amount of the 'Relocation Fee' for an Aerus franchise?
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Where can I find the specific provisions of the Aerus franchise and related agreements mentioned in Item 17?
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Where can I find the specific provisions regarding renewal, termination, transfer, and dispute resolution for an Aerus franchise?
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Where can I find the specific terms and conditions for conducting sales efforts as an Aerus franchisee?
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What is the first action an Aerus franchisee must take upon discovering an apparent infringement of the Marks?
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When does the fiscal year end for Aerus?
factual
When does Aerus' fiscal year end?
factual
During the fiscal year ended December 31, 2024, approximately how much revenue did Aerus realize from required purchases and leases by franchisees?
factual
What is the fixed amount a franchisee and their principals must pay Aerus per occurrence for breaching the covenants in Section 19 of the Aerus Franchise Agreement?
factual
What is the 'Fixed Rate' referring to in the context of the Aerus Secured Promissory Note?
factual
What fixtures, furnishings, and equipment is an Aerus franchisee required to purchase or lease?
factual
What is FOAS, as it relates to the Aerus franchise?
factual
Following termination of the Aerus Beyond Products Addendum, what is the geographic restriction on selling similar products?
factual
Following termination, expiration, or transfer of an Aerus franchise, what specific types of products are franchisees prohibited from selling under the non-competition covenant?
factual
Where can the form of the Lease Rider be found for an Aerus franchise?
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What is the form number of the Security Agreement that Aerus franchisees must execute to secure the security interest in Consigned Products?
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What four characteristics define an 'Aerus Business'?
factual
What are the four characteristics that define the type of businesses operated under the Aerus franchise programs?
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Does the Aerus franchise agreement allow for electronic funds transfer for payments?
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Does the Aerus franchise agreement allow the franchisee to terminate the agreement for any reason available by law?
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Does the Aerus franchise agreement allow franchisees to include any of the Marks as part of their legal business name?
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Does the Aerus franchise agreement allow franchisees to sell 'Electrolux' and 'Lux' products over the Internet or other electronic communications media?
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In the Aerus Franchise Agreement (Associate Program), where can I find the definitions of capitalized terms and phrases used in the agreement?
factual
In the Aerus franchise agreement, what date is considered the effective date of the agreement?
factual
Does the Aerus franchise agreement disclaim any express representations made by the company in the Franchise Disclosure Document?
factual
After the Aerus franchise agreement expires or terminates, what is the franchisee required to do with all Confidential Information?
factual
After the Aerus franchise agreement expires or terminates, what is the franchisee required to do with Confidential Information?
factual
After the Aerus franchise agreement expires or terminates, what is the geographic scope of the non-compete restriction?
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After the Aerus franchise agreement expires or terminates, what is the length of the non-compete period?
factual
After the Aerus franchise agreement expires or terminates, for how long am I restricted from competing with Aerus?
factual
After the Aerus franchise agreement expires or terminates, for how long is the franchisee prohibited from engaging in competitive activities?
factual
After the Aerus franchise agreement expires or terminates, for how long is the franchisee restricted from competing with Aerus?
factual
Where in the Aerus Franchise Agreement can I find information about restrictions on the products/services I can offer?
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Where in the Aerus Franchise Agreement can I find the length of the initial term?
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What does the Aerus Franchise Agreement grant to the franchisee?
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Does the Aerus franchise agreement grant franchisees any rights to the Marks beyond what is specifically set forth in the agreement?
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In the Aerus franchise agreement, what information must the franchisee provide when signing?
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In the Aerus franchise agreement, are the obligations undertaken by the franchisee also undertaken by the franchisee's principals?
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Does the Aerus franchise agreement prohibit franchisees from communicating with regulators, and if so, what does the FDD say about such a provision?
factual
Does the Aerus Franchise Agreement require franchisee to obtain consent before transferring any interest in the assets of the Franchised Business?
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Does the Aerus franchise agreement require franchisees to assist in the protection of the 'Electrolux' and 'Lux' marks?
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Does the Aerus franchise agreement require a lease rider for premises leases covering an Approved Location?
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Where in the Aerus Franchise Agreement are the requirements for renewal or extension outlined?
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Where in the Aerus Franchise Agreement will the specific street address of the Franchised Business location be provided?
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Does the Aerus Franchise Agreement specify that certain breaches or defaults are considered material?
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Does the Aerus Franchise Agreement specify what happens if a franchisee violates any other agreement with the company?
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Does the Aerus Franchise Agreement specify what happens if a franchisee violates any other agreement with the company's affiliates?
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Does the Aerus Franchise Agreement specify what happens if a franchisee's agents violates any other agreement with the company?
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Does the Aerus Franchise Agreement specify what happens if a franchisee's employees violates any other agreement with the company?
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Does the Aerus Franchise Agreement specify what happens if a franchisee's Outlet Licensees violates any other agreement with the company?
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Does the Aerus Franchise Agreement specify what happens if a franchisee's Sales Representatives violates any other agreement with the company?
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In the Aerus Franchise Agreement (Standard Program), where can the definitions of capitalized terms and phrases be found?
factual
In the Aerus Franchise Agreement (Standard Program), where can I find the definitions of capitalized terms and phrases used in the agreement?
factual
Can the Aerus Franchise Agreement be terminated before the natural expiration of its term?
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For an Aerus franchise, what date is referenced in the Lease Rider as the date of the original Lease Agreement?
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Does the Aerus Franchise Disclosure Document contain all agreements related to renewal, termination, transfer and dispute resolution?
factual
Does the Aerus Franchise Disclosure Document include audited financial statements?
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Does the Aerus Franchise Disclosure Document include unaudited financial statements?
factual
In the Aerus Franchise Disclosure Document, what information is required regarding the percentage of ownership or nature of interest for the franchisee's principals?
factual
For an Aerus franchise, how long must a franchisee preserve full, complete, and accurate books, records, and accounts from the dates of their preparation?
factual
For an Aerus franchise, how long must original sales and service contracts be maintained in the franchisee's records?
factual
For an Aerus franchise, how many additional years can the franchise term be renewed for?
factual
For an Aerus franchise, how many days does the debtor have to discharge or stay an attachment, injunction, execution, tax lien or judgment exceeding $1,000 to avoid an event of default?
factual
What is the Aerus Franchise Office Automation System (FOAS) comprised of?
factual
What is the Aerus franchise renewal fee?
factual
For an Aerus franchise, who is responsible for payment of shipping and handling charges for the initial inventory of Consigned Products, parts, accessories and supplies?
factual
After the Aerus franchise is terminated or expires, for how long does the non-competition covenant apply?
factual
What is the 'Franchised Business' in the context of an Aerus franchise?
factual
From where must the Aerus Franchised Business be operated?
factual
How can an Aerus franchisee access the annual statement of the System Media Fund's operations?
factual
Must an Aerus franchisee advertise in the manner designated by Aerus in the Manuals or in writing?
factual
Can an Aerus franchisee advertise or market outside of their Area of Responsibility?
factual
How should an Aerus franchisee advertise and market products?
factual
Can an Aerus franchisee advertise outside of their Area of Responsibility?
factual
Is an Aerus franchisee allowed to advertise goods or services over the internet that are similar to those offered at the franchised business?
factual
Is an Aerus franchisee allowed to challenge the company's right to the Customer Data?
factual
Is an Aerus franchisee allowed to challenge the company's rights to the Customer Data?
factual
Is an Aerus franchisee allowed to challenge Aerus's right to the "Aerus" marks?
factual
Is an Aerus franchisee allowed to challenge Aerus's right, title, or privilege to the Customer Data?
factual
Is an Aerus franchisee allowed to challenge Aerus's rights to the Customer Data?
factual
Is an Aerus franchisee allowed to conduct national advertising?
factual
Is an Aerus franchisee allowed to conduct national advertising of any kind?
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Is an Aerus franchisee allowed to make disparaging public statements about the Aerus business?
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Is an Aerus franchisee allowed to make public statements that disparage the Aerus business?
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Is an Aerus franchisee allowed to offer, promote, advertise or sell any Product by, through or on the Internet?
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Is an Aerus franchisee allowed to participate in any business that competes with the Aerus system?
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Is an Aerus franchisee allowed to place advertising, marketing, or promotional material outside of their Area of Responsibility?
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Is an Aerus franchisee allowed to sell to customers outside of their Area of Responsibility?
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Is an Aerus franchisee allowed to sell generic products at an approved location?
factual
Is an Aerus franchisee allowed to sell any Product to any person or entity other than an Approved Customer?
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Is an Aerus franchisee allowed to sell products or services bearing trademarks other than the Aerus Marks?
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Is an Aerus franchisee allowed to transfer or assign the franchise agreement without prior written consent from Aerus?
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Is an Aerus franchisee allowed to use any computer medium or electronic medium that displays the Marks without the company's express prior written consent?
factual
Is an Aerus franchisee allowed to use Confidential Information for purposes other than operating the Franchised Business according to the agreement?
factual
Is an Aerus franchisee allowed to use the Marks, or any confusingly similar terms, as part of an Internet domain name or URL?
factual
Is an Aerus franchisee allowed to use the Marks as part of an Internet domain name or URL without express written consent?
factual
As an Aerus franchisee, am I required to sign a receipt for the Disclosure Document?
factual
What must an Aerus franchisee do to assist the company in protecting and maintaining the Marks?
factual
What must an Aerus franchisee do to assist in protecting and maintaining the company's Marks?
factual
For an Aerus franchisee that is a business entity, what is required of the individual executing the Franchise Agreement?
factual
What must an Aerus franchisee cause to be included in any premises lease covering any Approved Location?
factual
Can an Aerus franchisee challenge the company's right to the Marks?
factual
Must an Aerus franchisee comply with the provisions of the Manuals relating to the purchase and service of all Products?
factual
What must an Aerus franchisee do with Confidential Information upon expiration or termination of the Franchise Agreement?
factual
Is the franchisee considered an agent, legal representative, affiliate, joint venturer, partner, employee, joint employer, or servant of Aerus?
factual
What must an Aerus franchisee do to cooperate with the company regarding telephone numbers upon termination?
factual
What must an Aerus franchisee do with the Customer Data provided by the company?
factual
Who does the Aerus franchisee (Depositor) indemnify for any loss arising if any debit is dishonored, whether with or without cause and whether intentionally or inadvertently?
factual
Can an Aerus franchisee face competition from other channels of distribution that Aerus controls?
factual
Can an Aerus franchisee face competition from competitive brands that Aerus controls?
factual
Can an Aerus franchisee face competition from outlets that Aerus owns?
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Where can an Aerus franchisee find the minimum balance requirement for their designated bank account?
factual
What must an Aerus franchisee do to fulfill their service obligations under the Franchisor Consumer Warranty if they are part of the Associate Program and not required to maintain a service center?
factual
With what must an Aerus franchisee fully comply, according to Item 23?
factual
Can an Aerus franchisee grant a third party any equity interest in the Consigned Products?
factual
Can an Aerus franchisee grant a third party any equity interest in the Consigned Products without Aerus's approval?
factual
Can an Aerus franchisee grant a third party a lien on Consigned Products without prior written approval?
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How must an Aerus franchisee identify themselves in conjunction with any use of the Marks?
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How should an Aerus franchisee identify themselves on invoices, order forms, receipts, and contracts?
factual
How must an Aerus franchisee identify themselves as the owner of the Franchised Business?
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What should an Aerus franchisee do if there is an attempted improper sale of products?
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What must an Aerus franchisee do immediately upon expiration or termination of the franchise agreement regarding operation of the Franchised Business?
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What must an Aerus franchisee do immediately upon expiration or termination of the franchise agreement regarding signs, markings, advertising, and publicity?
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Must an Aerus franchisee implement and use all functions of FOAS in the operation of the Franchised Business?
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Can an Aerus franchisee install any fixtures or equipment without prior written consent from the company?
factual
Can an Aerus franchisee install any fixtures, furnishings, equipment, decor items, signs, games, or vending machines without Company's prior written consent?
factual
Can an Aerus franchisee install unauthorized items without written consent?
factual
What must an Aerus franchisee do with materials bearing the "Aerus"