Does Aerus allow franchisees to conduct any aspect of the Franchised Business over the internet?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
rmit or authorize any person or entity other than Franchisee to establish a physical location for the operation of any Aerus Business under any of the Programs listed in Recital C within the area identified as the Protected Area in Schedule 1, attached hereto (the "Protected Area").
G. Notwithstanding anything herein to the contrary, without Company's prior written approval, Franchisee shall not (1) conduct the Franchised Business under any actual or assumed name other than the Approved Name, (2) sell to any person or entity that is not an Approved Customer, (3) advertise, market or solicit sales outside of the Area of Responsibility, (4) sell to any person not residing within the Area of Responsibility, (5) conduct any aspect of the Franchised Business by, through, over or on the internet or world wide web, including without limitation, advertising, marketing and solicitation, unless or until Company establishes a Company sponsored program for such conduct by Franchisees and, then, only as part of and in accordance with such program, (6) use any trade name, trademark or service mark in connection with the Franchised Business other than the Marks (and then only in strict accordance with the terms and conditions of this Agreement, the Policies and Procedures, the Manuals and any specific guidelines imposed by Company), (7) advertise or sell any product or service from an Approved Location or through the Franchised Business bearing any trade name, trademark or service mark other than the Marks, (8) sell any product or service that is not a Product, or (9) permit any Product to be sold from any physical location other than an Approved Location, by any Person other than an authorized representative of Franchisee or in a manner otherwise inconsistent with the System.
H.
Source: Item 23 — Receipts (FDD pages 74–305)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, franchisees are generally restricted from conducting any aspect of the franchised business over the internet. Specifically, franchisees cannot advertise, market, or solicit sales online unless Aerus establishes a company-sponsored program for such activities. If such a program is created, franchisees can only participate as part of and in accordance with the program. This restriction applies to conducting business 'by, through, over or on the internet or world wide web'.
This policy means that franchisees need prior written approval from Aerus to engage in any online activities related to the franchise. This includes advertising, marketing, and soliciting sales through the internet. The intention is to maintain control over the brand's online presence and ensure a consistent approach across all franchise locations. Aerus retains the right to establish a company-sponsored program for online activities, which would then allow franchisees to participate under specific guidelines.
Aerus also has the option to establish and maintain an Intranet for communication between franchisees and the company. While franchisees can use this Intranet, Aerus has full control over its content and functionality and can access any communications posted on it. Aerus can also dismantle the Intranet at any time without liability. Franchisees may also be required to pay a fee, not exceeding $50 per month, for having a franchisee webpage.