In the context of the Aerus Beyond Program Addendum, what is the 'Effective Date'?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
THIS ADDENDUM TO FRANCHISE AGREEMENT (Standard Program) (this "Addendum") is made effective as of the date shown on the signature page hereto (the "Effective Date") and is made between Aerus Franchising, LLC, a Delaware limited liability company, having its principal place of business at 14841 Dallas Parkway, Suite 500, Dallas, Texas 75254 ("Company"), the entity or individual executing this Agreement as "Franchisee" ("Franchisee"), and the individual executing this Agreement as "Operating Principal" ("Operating Principal"). This Addendum is an addendum to that certain Franchise Agreement (Standard Program) dated by and between Company and Franchisee (as amended, the "Franchise Agreement"). Notwithstanding anything to the contrary in the Franchise Agreement, in the event of a conflict between the terms of this Addendum and the terms of the Franchise Agreement, the terms of this Addendum shall control and supercede the Franchise Agreement. Unless otherwise stated, any terms not defined herein shall have the same meanings given to such term in the Franchise Agreement.
Source: Item 23 — Receipts (FDD pages 74–305)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, the Effective Date of the Beyond Program Addendum to the Franchise Agreement is the date shown on the signature page of the addendum. The addendum is made between Aerus Franchising, LLC, as the company, the franchisee, and the operating principal. The Beyond Addendum allows franchisees to sell air and surface purification products and services, referred to as "Beyond Products," which bear the trademarks "Beyond" or "Beyond by Aerus."
This means that the Beyond Addendum officially takes effect on whatever date is entered on the signature page when all parties sign the document. This date marks the commencement of the franchisee's rights and obligations related to selling Beyond Products under the terms of the addendum.
It is important to note that the terms of the Beyond Addendum will control and supersede the terms of the Franchise Agreement in the event of any conflict between the two documents. Therefore, franchisees should carefully review both the Franchise Agreement and the Beyond Addendum to understand their rights and obligations. The Beyond Fee is due upon execution of the addendum.