What is the consideration for the Aerus Software License agreement?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
NOW, THEREFORE, for and in consideration of the premises and promises set forth herein and in the Franchise Agreement, and other good and valuable consideration, the receipt, sufficiency and adequacy of which are hereby acknowledged, Licensor and Licensee agree as follows:
Source: Item 23 — Receipts (FDD pages 74–305)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, the consideration for the software license agreement includes the promises outlined in both the software license itself and the broader Franchise Agreement. Additionally, the agreement acknowledges the receipt of 'other good and valuable consideration,' which both the licensor and licensee recognize as sufficient.
In practical terms, this means that by entering into the Franchise Agreement with Aerus, a franchisee gains the right to use Aerus's proprietary software. This software is essential for managing various aspects of the business, including customer relationships, lead management, financial administration, and inventory. The franchisee's commitment to uphold the terms of the Franchise Agreement, along with any other unspecified benefits exchanged, serves as the basis for granting the software license.
It's important to note that the franchisee is responsible for providing and maintaining the necessary hardware, software, and internet connections to meet the minimum specifications for running the Aerus software. Furthermore, the franchisee must use the software solely for operating their franchised business at approved locations and cannot modify, copy, or distribute it without prior written consent from Aerus. This ensures that Aerus retains control over its proprietary software and that it is used appropriately within the franchise system.