Can the Aerus agreement be executed in multiple counterparts, and what is the effect of doing so?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
Addendum without the prior written approval of Company.
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- 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 |
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| 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. Specifically, this applies to the Software License Agreement, the Consigned Products Security Agreement, and the Franchise Agreement Addendum.
The FDD states that each counterpart has the same legal weight as an original document. However, all counterparts are collectively considered a single, unified agreement. This means that all versions, when taken together, constitute the complete agreement between Aerus and the franchisee.
For a prospective Aerus franchisee, this offers flexibility in the execution process. It allows different parties to sign different copies of the same agreement, which can be particularly useful when the parties are geographically separated or have different signing schedules. Despite being signed separately, all counterparts form a single, binding contract, ensuring that all parties are subject to the same terms and conditions.