Besides the rights granted to the franchisee, what rights concerning the Customer Data does Aerus retain?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
All rights in, and license of, the Customer Data granted under the Franchise Agreement are nonexclusive and, in addition to those rights described elsewhere in the Franchise Agreement, we and our affiliates retain all rights concerning the Customer Data not expressively granted in the Franchise Agreement, including, without limitation, the rights to: (1) terminate your access to and right to use some or all of the Customer Data; (2) grant other licenses for use of all or any portion of the Customer Data, including any portion relevant to the Area of Responsibility; (3) develop systems and procedures to capture, store, manipulate, organize, sort and report the Customer Data and to require you to implement and utilize such systems and procedures; and (4) use the Customer Data in order to engage, directly or indirectly, at wholesale, retail or otherwise, in the distribution or sales of products and services, including, the Products.
Source: Item 14 — Patents, Copyrights, and Proprietary Information (FDD pages 51–53)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, Aerus retains significant rights concerning customer data. While Aerus may allow a franchisee to use customer data pertinent to their area of responsibility on a limited, non-exclusive basis, Aerus maintains ownership of the customer data. Aerus can charge a fee for the franchisee's access to and use of this data. Upon termination or expiration of the Franchise Agreement, the franchisee must return all materials containing the customer data to Aerus.
Aerus retains all rights to the customer data not expressly granted to the franchisee in the Franchise Agreement. These retained rights include the ability to terminate a franchisee's access to the customer data, grant licenses to others for the use of the data (even within the franchisee's area), develop systems for managing the data, and require the franchisee to use those systems. Aerus also retains the right to use the customer data to directly or indirectly engage in the distribution or sale of products and services, including the products Aerus offers.
These stipulations mean that while franchisees can utilize customer data to operate their Aerus business, Aerus maintains ultimate control and ownership. A prospective franchisee should understand that their access to and use of customer data is subject to Aerus's discretion and could be modified or terminated. The franchisee is also obligated to maintain and update the customer data diligently, using it only for the operation of their Aerus franchise.