factual

What constitutes an 'Approved Location' for an Aerus franchise?

Aerus Franchise · 2025 FDD

Answer from 2025 FDD Document

The Franchised Business shall be operated from one or more Approved Locations and from no other physical location, except as may be permitted by Company in writing at its sole option.

Franchisee shall cause any premises lease covering an Approved Location to include a lease rider in a form substantially similar to the form attached hereto as Exhibit I.

If not an existing Aerus Business, Franchisee shall open the Franchised Business at the Approved Location not later than the Opening Date.

Company will identify any modifications or improvements to the premises of the Franchised Business, if any, which Franchisee shall make, at Franchisee's expense, prior to the Opening Date, or within such time period ending after the Opening Date as Company may designate in writing.

Notwithstanding anything herein to the contrary, without Company's prior written approval, Franchisee shall not (1) conduct the Franchised Business under any actual or assumed name other than the Approved Name, (2) sell to any person or entity that is not an Approved Customer, (3) advertise, market or solicit sales outside of the Area of Responsibility, (4) sell to any person not residing within the Area of Responsibility, (5) conduct any aspect of the Franchised Business by, through, over or on the internet or world wide web, including without limitation, advertising, marketing and solicitation, unless or until Company establishes a Company sponsored program for such conduct by Franchisees and, then, only as part of and in accordance with such program, (6) use any trade name, trademark or service mark in connection with the Franchised Business other than the Marks (and then only in strict accordance with the terms and conditions of this Agreement, the Policies and Procedures, the Manuals and any specific guidelines imposed by Company), (7) advertise or sell any product or service from the Approved Location or through the Franchised Business bearing any trade name, trademark or service mark other than the Marks, (8) sell any product or service that is not a Product, or (9) permit any Product to be sold from any physical location other than the Approved Location, by any Person other than an authorized representative of Franchisee or in a manner otherwise inconsistent with the System.

Upon expiration or termination of this Agreement, Franchisee shall do any one or more of the following, at Company's option:

  • (1) If Franchisee operates the Franchised Business premises under a lease with a third party or, with respect to any lease for equipment used in the operation of the Franchised Business, assign to Company any interest which Franchisee has in any lease or sublease for the Approved Location or any equipment related to the Franchised Business.
  • (2) If Franchisee, or any Affiliate of Franchisee, owns the Approved Location, sell or lease at market rents to Company the Franchisee's business premises including any building thereon, if applicable, for the fair market value of the land and building.

Franchisee shall have sole authority and discretion regarding all employment matters, including without limitation, hiring, firing, discipline, compensation, benefits, and scheduling.

Notwithstanding the generality of the foregoing, Company may from time to time set minimum staffing requirements and hours of operation for Approved Locations in the Manuals.

  • (3) Cooperate with Company in perfecting an assignment of all telephone numbers used at the Approved Location in connection with the sales of Products hereunder or otherwise known or identified as numbers associated with Company, the Products or the Marks to and into the name of Company or its nominee, taking all action necessary to effect the intent of the foregoing.
  • (4) Immediately cause the cancellation or termination of any assumed name filings for the Approved Name or otherwise including the name "Aerus", "Lux" or "Electrolux" or any of the Marks.

Source: Item 23 — Receipts (FDD pages 74–305)

What This Means (2025 FDD)

According to Aerus's 2025 Franchise Disclosure Document, the Franchised Business must be operated from one or more Approved Locations, with any exceptions requiring written permission from Aerus. If the franchisee is not operating an existing Aerus Business, they must open the Franchised Business at an Approved Location by the Opening Date. Aerus will specify any required modifications or improvements to the premises, which the franchisee must complete at their own expense, either before the Opening Date or within a timeframe designated by Aerus in writing.

The franchisee must ensure that any premises lease for an Approved Location includes a lease rider substantially similar to the form provided as Exhibit I in the Franchise Agreement. Upon the expiration or termination of the Franchise Agreement, Aerus has the option to request the franchisee to assign any interest in the lease or sublease for the Approved Location to Aerus, especially if the franchisee operates the business premises under a lease with a third party or concerning any equipment lease used in the business operation. If the franchisee or an affiliate owns the Approved Location, Aerus may choose to buy or lease the premises at market rates.

Without Aerus's prior written approval, the franchisee cannot sell products from any physical location other than the Approved Location, except through authorized representatives or in a manner inconsistent with the Aerus system. Furthermore, the franchisee is obligated to transfer all telephone numbers used at the Approved Location to Aerus or its nominee upon termination of the agreement and to cancel any assumed name filings for the Approved Name or any name including "Aerus", "Lux" or "Electrolux".

Aerus may set minimum staffing requirements and hours of operation for Approved Locations in the Manuals. The franchisee is also restricted from advertising or selling any product or service from the Approved Location bearing any trade name, trademark, or service mark other than the Marks. This ensures that all business operations are conducted under the approved brand and within the guidelines set by Aerus.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.