According to the Aerus FDD, who is considered 'You' when purchasing a franchise?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
"You" means the individual, corporation, partnership, limited liability company or other business entity who purchases the franchise. Except for sole proprietorships, the term "You" does not include a business entity's owners.
Source: Item 1 — The Franchisor and any Parents, Predecessors, and Affiliates (FDD pages 9–15)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, "You" refers to the individual, corporation, partnership, limited liability company, or other business entity that purchases the franchise. However, this definition excludes the owners of a business entity, except in the case of sole proprietorships. This distinction is important as it clarifies who is bound by the terms of the franchise agreement.
For prospective Aerus franchisees, this means that if you are purchasing the franchise as an individual, you are "You" under the agreement. If you are forming a company, such as an LLC or corporation, to purchase the franchise, then the company itself is considered "You," not the individual owners or shareholders of that company. This has implications for liability, responsibility, and the rights granted under the franchise agreement.
This definition is fairly standard in the franchise industry, as franchisors typically want to contract with a legally recognized entity that can be held accountable for the franchise's performance. By specifying that the business entity is "You," Aerus ensures that the franchise agreement is enforceable against the business itself, rather than relying solely on the personal assets of the individual owners (unless it's a sole proprietorship).