factual

Does the Aerus agreement supersede all previous agreements?

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 contains a clause that addresses the superseding of prior agreements. Specifically, the Software License and the related provisions within the Franchise Agreement constitute the entire agreement between Aerus and the franchisee regarding the software license's subject matter. This clause explicitly states that it supersedes all prior and contemporaneous agreements related to the software license.

This means that any previous agreements, whether written or verbal, made before or at the same time as the current Software License agreement, are replaced by the terms and conditions outlined in the current Software License and the relevant sections of the Franchise Agreement. This ensures that all parties are bound by the most recent and complete understanding regarding the software's use and licensing.

For a prospective Aerus franchisee, this clause provides clarity and legal certainty. It confirms that the current agreement is the only one that matters concerning the software license, reducing the risk of disputes arising from older, potentially conflicting agreements. However, this clause is specific to the Software License and related provisions within the Franchise Agreement; other aspects of the franchise relationship might be governed by different agreements that may or may not have similar superseding clauses.

It is important for the franchisee to carefully review all agreements to understand which ones supersede prior agreements and which do not, to fully understand their rights and obligations under the Aerus franchise system.

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.