What are the acceptable methods for delivering notices required under the Aerus franchise agreement?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
y shall be permitted to assign this Agreement at any time and from time to time; provided, however, no such assignment will be made by Company except to an assignee who, in Company's good faith judgment, is willing and able to assume Company's obligations under this Agreement.
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- Notice. All notices required hereunder shall be in writing and shall be deemed sufficiently given for all purposes hereunder if (A) delivered personally or by United States certified mail, return receipt requested, (B) sent by documented, overnight delivery service, or, (C) to the extent receipt is confirmed, telecopy, facsimile or other electronic transmission service to the appropriate address or facsimile number set forth below:
10 This liquidated damages clause does not apply to franchises in the State of Minnesota or the State of North Dakota.
Notices to Franchisee shall be addressed to the Franchisee at the address set forth in Schedule 1, attached hereto.
Source: Item 23 — Receipts (FDD pages 74–305)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, all notices required under the franchise agreement must be in writing. The notice is considered sufficiently given if delivered through one of the following methods:
- Personal Delivery: Delivered in person.
- Certified Mail: Sent via United States certified mail with a return receipt requested.
- Overnight Delivery Service: Sent by a documented overnight delivery service.
- Electronic Transmission: Sent via telecopy, facsimile, or other electronic transmission service, provided that receipt is confirmed.
The FDD specifies that notices to the franchisee should be sent to the address listed in Schedule 1 of the franchise agreement. Notices to Aerus should be sent to the attention of the President at 14841 Dallas Parkway, Suite 500, Dallas, Texas 75254, with a copy to the Legal Department at the same address. The facsimile numbers for the President and Legal Department are 214-378-4075 and 214-378-4076, respectively. Either party can designate a different address or person for notices by providing written notice to the other party.
The FDD also states when a notice is considered to be 'given' based on the delivery method. For personal delivery, facsimile, or electronic transmission, notice is deemed given upon receipt. If using an overnight courier, notice is considered given one day after deposit. For notices sent via the United States mail system, notice is deemed given four days after deposit.