Does the Aerus Addendum modify the Franchise Agreement in its entirety, or are there parts of the Franchise Agreement that remain unchanged?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
isee must consent to the jurisdiction of courts located outside the State of North Dakota. This requirement may not be enforceable under North Dakota law.
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- Any capitalized terms that are not defined in this Addendum shall have the meaning given them in the Franchise Agreement.
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- Except as expressly modified by this Addendum, the Franchise Agreement remains unmodified and in full force and effect.
Source: Item 23 — Receipts (FDD pages 74–305)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, the Addendum to the Franchise Agreement does not modify the agreement in its entirety. The document states that any capitalized terms not specifically defined in the addendum will retain the meaning given to them in the original Franchise Agreement.
Specifically, the FDD indicates that except for the modifications explicitly outlined in the Addendum, the original Franchise Agreement remains in full force and effect. This implies that all clauses, responsibilities, and rights detailed in the Franchise Agreement continue to apply unless they are directly contradicted or altered by the terms of the Addendum.
In case of any conflict between the Addendum and the Franchise Agreement, the terms and conditions of the Addendum will take precedence. However, in all other respects, the Franchise Agreement remains unchanged and in full effect, meaning franchisees must adhere to the original agreement except where the addendum specifies otherwise.