Besides the changes in the addendum, what remains in effect for the Aerus Franchise Agreement?

According to Aerus's 2025 Franchise Disclosure Document, any capitalized terms not specifically defined in an addendum retain the meanings assigned to them in the original Franchise Agreement. Furthermore, unless explicitly modified by an addendum, the Franchise Agreement remains in full force and effect. This implies that all the original terms, conditions, obligations, and rights outlined in the Franchise Agreement continue to apply, except for those aspects that are directly altered or superseded by the terms of any addenda.

This ensures that the core framework of the franchise relationship remains consistent, providing a stable foundation upon which any addenda-specific modifications are built. For a prospective franchisee, this means carefully reviewing both the Franchise Agreement and any associated addenda to fully understand their rights and responsibilities. It also means that the original agreement is still relevant and enforceable, except where explicitly changed.

For instance, the Beyond Addendum outlines specific terms related to selling air and surface purification products. However, aspects of the Franchise Agreement such as royalty fees, marketing obligations, or renewal terms would remain unchanged unless the Beyond Addendum explicitly states otherwise. This maintains a balance between the standardized franchise terms and any program-specific adjustments. Aerus also provides that the addendum will be governed by and construed in accordance with the choice of law provisions contained in the Franchise Agreement.

It is important for a franchisee to understand that in case of any conflict between the addendum and the Franchise Agreement, the terms and conditions of the addendum will take precedence. This is a fairly standard clause in franchising, ensuring that the most recent agreements or modifications are what govern the relationship. Franchisees should pay close attention to these details to fully understand their obligations and rights under the Aerus franchise system.