Can the Aerus agreement be executed in multiple counterparts?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
Addendum without the prior written approval of Company.
-
- This Addendum will be governed by and construed in accordance with the choice of law provisions contained in the Franchise Agreement. Any and all disputes arising out of or relating to this Addendum shall be resolved in the manner set forth in the Franchise Agreement.
| 10. by facsimile. | This Addendum may be executed in one or more counterparts, each of which will be deemed an original but all of which together will constitute one and the same instrument, and |
|---|---|
| 11. | In all other respects, the Franchise Agreement shall remain in full force and effect |
| and remain unchanged. |
Source: Item 23 — Receipts (FDD pages 74–305)
What This Means (2025 FDD)
According to the 2025 Aerus Franchise Disclosure Document, several agreements associated with the franchise can be executed in multiple counterparts. This applies specifically to the Software License Agreement, the Consigned Products Security Agreement, and the Franchise Agreement Addendum.
For the Software License Agreement, the FDD states, "This Software License may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall be considered one and the same instrument." This means that the agreement does not need to be signed on one single document; multiple copies can be signed separately and collectively treated as a single, original agreement.
Similarly, the Consigned Products Security Agreement contains the clause: "This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall be considered one and the same instrument." This provides the same flexibility for this particular agreement.
Finally, the Franchise Agreement Addendum also allows for counterpart execution: "This Addendum may be executed in one or more counterparts, each of which will be deemed an original but all of which together will constitute one and the same instrument". This is a fairly standard practice in franchising to accommodate logistical challenges in obtaining signatures from all parties involved.