Does the Aerus agreement disclaim express representations made in the Franchise Disclosure Document?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
No statement, questionnaire, or acknowledgment signed or agreed to by a franchisee in connection with the commencement of the franchise relationship shall have the effect of (i) waiving any claims under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on any statement made by any franchisor, franchise seller, or other person acting on behalf of the franchisor. This provision supersedes any other term of any document executed in connection with the franchise.
Source: Item 23 — Receipts (FDD pages 74–305)
What This Means (2025 FDD)
According to the 2025 Aerus Franchise Disclosure Document, the addendum to the franchise agreement addresses the disclaimer of reliance on statements made by the franchisor. Specifically, no statement, questionnaire, or acknowledgment signed by a franchisee can waive claims under state franchise law, including fraud, or disclaim reliance on statements made by Aerus or anyone acting on their behalf. This provision takes precedence over any conflicting terms in other documents related to the franchise.
This means that Aerus franchisees retain their rights to pursue claims, including those related to misrepresentation, based on statements made by Aerus during the franchise sales process, regardless of any disclaimers they may have signed. This protection is particularly important because it prevents Aerus from using standardized documents to shield itself from liability for potentially misleading statements made to induce franchisees to invest.
This type of clause is not universally present in franchise agreements. The inclusion of such a clause in the Aerus franchise agreement addendum provides an additional layer of protection for franchisees. It ensures that franchisees are not inadvertently waiving their legal rights through standard paperwork, and it holds Aerus accountable for the accuracy and truthfulness of the information provided to prospective franchisees.