Besides the modifications in the Addendum, what is the status of the original 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 the 2025 Aerus Franchise Disclosure Document, the Beyond Program Addendum modifies the original Franchise Agreement. Specifically, the addendum is for franchisees who want to sell air and surface purification products and services, including accessories, attachments, parts, and certain product repair and maintenance services, all of which must be approved by Aerus. These products are identified by the trade names "Beyond," "Beyond by Aerus," or other trademarks designated by Aerus.
The addendum states that in the event of a conflict between the terms of the addendum and the terms of the Franchise Agreement, the terms of the addendum will take precedence and supersede the Franchise Agreement. Any capitalized terms not defined in the addendum will have the same meanings as in the Franchise Agreement.
However, the 2025 Aerus FDD clarifies that except as expressly modified by the Beyond Program Addendum, the original Franchise Agreement remains unmodified and in full force and effect. This means that all other provisions of the original agreement continue to apply unless they directly contradict the terms outlined in the addendum.