Besides the modifications in the Addendum, what is the status of the Aerus Franchise Agreement?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Any capitalized terms that are not defined in this Addendum shall have the meaning given them in the Franchise Agreement.
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- Except as expressly modified by this Addendum, the Franchise Agreement remains unmodified and in full force and effect.
No statement, questionnaire, or acknowledgment signed or agreed to by a franchisee in connection with the commencement of the franchise relationship shall have the effect of (i) waiving any claims under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on any statement made by any franchisor, franchise seller, or other person acting on behalf of the franchisor. This provision supersedes any other term of any document executed in connection with the franchise.
This Addendum is being entered into in connection with the Franchise Agreement. In the event of any conflict between this Addendum and the Franchise Agreement, the terms and conditions of this Addendum shall apply.
Source: Item 23 — Receipts (FDD pages 74–305)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, the Franchise Agreement remains in full effect except as expressly modified by the addendum. Specifically, the Beyond Program Addendum modifies the original Franchise Agreement, and in case of conflict, the terms of the Addendum take precedence. This addendum allows franchisees to participate in the opportunity to sell air and surface purification products and services, including accessories, attachments, parts, and certain product repair and maintenance services, all approved by Aerus, bearing the trade names "Beyond," "Beyond by Aerus," or other trademarks designated by Aerus.
This means that while franchisees are bound by the original Franchise Agreement, the Beyond Addendum introduces specific modifications and additions related to the sale of Beyond Products. Franchisees need to understand both documents to fully grasp their rights and obligations. The addendum ensures that franchisees can offer air and surface purification products under the "Beyond" branding, which Aerus owns or licenses.
For a prospective franchisee, it's crucial to carefully review both the Franchise Agreement and the Beyond Addendum to understand the complete scope of the franchise relationship. This includes understanding the specific products they are authorized to sell, the trademarks they are allowed to use, and any additional fees or requirements associated with the Beyond program. Furthermore, any capitalized terms not defined in the Addendum will have the same meaning as defined in the Franchise Agreement.