What aspects of the Aerus Proprietary System can the company change or improve at its sole option?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
ccordance with this Agreement. Franchisee is granted no rights of any kind in and to any other business or system that may now or hereafter be owned, operated or licensed by Company or any of its Affiliates. Company and Company's Affiliates retain all rights not expressly granted herein. Company reserves the right to provide new products and services under the System, and to require or permit new products and services to be provided, marketed, promoted, distributed or sold hereunder by Franchisee through the Franchised Business, and may, in connection therewith, without limitation (1) require Franchisee to execute an additional or supplemental agreement and (2) require the payment of a royalty.
- I. If not an existing Aerus Business, Franchisee shall open the Franchised Business at an Approved Location not later than the Opening Date. Company will identify any modifications or improvements to the premises of the Franchised Business, if any, which Franchisee shall make, at Franchisee's expense, prior to the Opening Date, or within such time period ending after the Opening Date as Company may designate in writing.
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- Term. Unless sooner terminated as provided herein, the duration of the initial term (the "Initial Term") and the renewal term (the "Renewal Term") will be as stated in Schedule 1 attached hereto, which, collectively, shall constitute the "Term" of this Agreement.
Source: Item 23 — Receipts (FDD pages 74–305)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, Aerus retains the right to modify the products and services offered under the Proprietary System. Aerus can introduce new products and services and require or permit franchisees to provide, market, promote, distribute, or sell these new offerings through their franchised businesses.
Aerus also has the right to modify the franchisee's premises. Aerus will identify any modifications or improvements to the premises of the Franchised Business, if any, which Franchisee shall make, at Franchisee's expense, prior to the Opening Date, or within such time period ending after the Opening Date as Company may designate in writing.
Furthermore, Aerus can implement new software programs and modules, including updates to the Franchise Office Automation System (FOAS). Franchisees are required to use all functions of FOAS and adopt any new programs or modules developed and installed by Aerus. If applicable, the franchisee may also be required to pay a fee for the new program or module.