Does Aerus charge a fee for franchisee access to and use of the Customer Data?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
We own and maintain a database of customer information (the "Customer Data"). We may make available for use by you on a limited, non- exclusive basis, that part of the Customer Data which is pertinent to the Area of Responsibility, subject to your strict accord and compliance with the terms and conditions of the Franchise Agreement, the Manuals, the Policies and Procedures and any specific guidelines we may impose from time to time concerning collection, maintenance and use of the Customer Data. We may charge you a fee for access and use to the Customer Data which is pertinent to your Area of Responsibility. All such rights and licenses will automatically terminate upon the expiration or termination of the Franchise Agreement, and you must then return to us any printed or virtual item or material containing or bearing any of the Customer Data. All rights to and goodwill in the Customer Data are solely and exclusively the property of us. Nothing in the Franchise Agreement gives you any right in or to any of the Customer Data, except as specifically provided in the Franchise Agreement. You may not, for yourself or together with any other person or entity, challenge our right, title or privilege in or to the Customer Data. You must do such acts or things, as may, in our reasonable opinion, be necessary or advisable to protect and monitor the integrity of the Customer Data.
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 owns and maintains a database of customer information. Aerus may allow franchisees to use the portion of the Customer Data relevant to their Area of Responsibility on a limited, non-exclusive basis. This access is contingent upon the franchisee's compliance with the Franchise Agreement, Manuals, Policies and Procedures, and any specific guidelines Aerus imposes regarding the collection, maintenance, and use of the Customer Data.
Importantly, Aerus retains the right to charge a fee for this access and use of the Customer Data. All rights and licenses to the Customer Data automatically terminate upon the expiration or termination of the Franchise Agreement, at which point the franchisee must return all materials containing the Customer Data to Aerus. All rights and goodwill associated with the Customer Data remain the exclusive property of Aerus.
During the term of the Franchise Agreement, franchisees are required to actively maintain, update, correct, and supplement the Customer Data. This includes updating the data immediately after any sale or customer contact, regularly reviewing the data, and using it for marketing, lead generation, sales, and recruiting purposes, all in accordance with Aerus's System and procedures. Franchisees are prohibited from using the Customer Data for any purpose other than operating the Franchised Business.
Aerus also retains several rights concerning the Customer Data, including the right to terminate a franchisee's access to the data, grant other licenses for its use (even within a franchisee's Area of Responsibility), develop systems for managing the data, and use the data for its own sales and distribution of products and services. This means that while franchisees may be granted access to Customer Data, Aerus maintains significant control over its use and can potentially profit from it independently.