Does the Aerus Addendum completely replace the original Franchise Agreement, or does the Franchise Agreement remain in effect?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
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EXHIBIT 2(c)
BEYOND ADDENDUM
BEYOND PROGRAM ADDENDUM TO FRANCHISE AGREEMENT
THIS ADDENDUM TO FRANCHISE AGREEMENT (Standard Program) (this "Addendum") is made effective as of the date shown on the signature page hereto (the "Effective Date") and is made between Aerus Franchising, LLC, a Delaware limited liability company, having its principal place of business at 14841 Dallas Parkway, Suite 500, Dallas, Texas 75254 ("Company"), the entity or individual executing this Agreement as "Franchisee" ("Franchisee"), and the individual executing this Agreement as "Operating Principal" ("Operating Principal"). This Addendum is an addendum to that certain Franchise Agreement (Standard Program) dated by and between Company and Franchisee (as amended, the "Franchise Agreement"). Notwithstanding anything to the contrary in the Franchise Agreement, in the event of a conflict between the terms of this Addendum and the terms of the Franchise Agreement, the terms of this Addendum shall control and supercede the Franchise Agreement. Unless otherwise stated, any terms not defined herein shall have the same meanings given to such term in the Franchise Agreement.
RECITALS
- A.
Source: Item 23 — Receipts (FDD pages 74–305)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, the Franchise Agreement remains in effect even with the addition of an addendum. Specifically, the Beyond Program Addendum supplements the original agreement. In the event of any conflicts between the addendum and the original Franchise Agreement, the terms of the addendum will take precedence.
The FDD states that unless specifically modified by the addendum, the original Franchise Agreement remains in full force. This means that the addendum does not replace the original agreement entirely but rather works in conjunction with it, modifying certain aspects while leaving the rest of the agreement intact.
For a prospective Aerus franchisee, this means understanding both the original Franchise Agreement and any addenda, such as the Beyond Program Addendum, is crucial. Franchisees must be aware of which terms are superseded by the addendum and which remain in effect from the original agreement to ensure compliance and clarity in their business operations.