Can Aerus change the content of its company website without notifying franchisees?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
Company may, at its option, establish and maintain an Intranet through which franchisees of Company may communicate with each other, and through which Company and Franchisee may communicate with each other and through which Company may disseminate the Manuals, updates thereto and other Confidential Information.
Company shall have sole discretion and control over all aspects of the Intranet, including the content and functionality thereof.
Company will have no obligation to maintain the Intranet indefinitely, and may dismantle it at any time without liability to Franchisee.
If Company establishes an Intranet, Franchisee shall have the privilege to use the Intranet, subject to Franchisee's strict compliance with the Policies and
Procedures that Company may establish from time to time. Franchisee acknowledges that, as administrator of the Intranet, Company can technically access and view any communication that is posted on the Intranet. Franchisee further acknowledges that the Intranet facility and all communications that are posted to it will become Company's property, free of any claims of privacy or privilege that Franchisee or any other person may assert.
Source: Item 23 — Receipts (FDD pages 74–305)
What This Means (2025 FDD)
Based on the 2025 Aerus Franchise Disclosure Document, Aerus retains control over the content and functionality of its Intranet, which is a platform used for communication between the company and its franchisees. Aerus has sole discretion over all aspects of the Intranet and is not obligated to maintain it indefinitely, and may dismantle it at any time without liability to the franchisee. Franchisees have the privilege to use the Intranet, but must comply with Aerus's policies and procedures. Aerus can access and view any communication posted on the Intranet, and all communications posted to it become Aerus's property.
While the FDD excerpt specifies Aerus's control over the Intranet, it does not explicitly address whether Aerus can change the content of its company website without notifying franchisees. However, the document does state that franchisees must adhere to Aerus's advertising standards and obtain approval for their advertising materials. Franchisees cannot conduct business over the internet unless Aerus establishes a company-sponsored program for such conduct, and even then, it must be in accordance with the program.
Given Aerus's control over the Intranet and the restrictions placed on franchisees' online activities, it is likely that Aerus also maintains control over the content of its company website. However, the FDD does not provide explicit details on this matter. A prospective franchisee should seek clarification from Aerus regarding their rights and obligations concerning the company website and any potential changes to its content.