factual

Can the Aerus agreement be changed orally?

Aerus Franchise · 2025 FDD

Answer from 2025 FDD Document

This Software License and related provisions of the Franchise Agreement constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all related prior and contemporaneous agreements between the parties.

Source: Item 23 — Receipts (FDD pages 74–305)

What This Means (2025 FDD)

According to the 2025 Aerus Franchise Disclosure Document, the Software License agreement specifies that it, along with related provisions in the Franchise Agreement, constitutes the entire agreement between the parties regarding its subject matter. It also states that this agreement supersedes all prior and contemporaneous agreements between the parties. This implies that any prior oral agreements are not binding.

This clause is typical in franchise agreements. It is designed to prevent disputes based on informal understandings or promises that are not written into the contract. For a prospective Aerus franchisee, this means that any assurances, promises, or agreements made during the negotiation phase must be documented in writing to be enforceable.

It is important for a potential Aerus franchisee to ensure that all material terms and conditions are included in the written agreements. Verbal agreements or understandings should be confirmed in writing and incorporated into the franchise agreement or related documents to avoid future disputes. This protects both the franchisee and the franchisor by providing a clear and unambiguous record of the agreed-upon terms.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.