When is the Customer Data Fee due and payable for an Aerus franchise?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee shall pay to Company all fees, payments and deposits set forth in Schedule 3 attached hereto and required elsewhere in this Agreement (the remittance of each, a "Payment") in the amounts, at the time, and in the manner described in this Agreement or the Policies and Procedures or elsewhere in the Manuals. Each Payment to be made to Company must be made free and clear at the time, and in the manner, specified in this Agreement, without deduction or offset. TIME IS OF THE ESSENCE with respect to all Payments to be made. All unpaid obligations under this Agreement will bear interest from the date due until the date of receipt by Company, at one and one-half percent (1.5%) per month, or the maximum rate allowed by applicable law, whichever is less.
- A. At Company's option, Company may withdraw funds from Franchisee's designated bank account by electronic funds transfer or comparable method in the amount of any Payment or any other amounts due hereunder to Company and for all subsequent payments due to Company, as further described in the Manuals or otherwise in writing. Franchisee shall at all times maintain in its designated bank account a minimum balance in the amount specified in the Manuals.
Source: Item 23 — Receipts (FDD pages 74–305)
What This Means (2025 FDD)
The 2025 Aerus Franchise Disclosure Document states that franchisees must pay all fees, payments, and deposits as outlined in Schedule 3 of the agreement or as required elsewhere in the agreement, policies and procedures, or manuals. These payments, referred to as "Payments," must be made in the amounts, at the times, and in the manner specified in the agreement without any deductions or offsets.
The Aerus FDD emphasizes that time is of the essence regarding all payments. Any unpaid obligations will accrue interest from the due date until the date Aerus receives the payment, at a rate of 1.5% per month or the maximum rate allowed by applicable law, whichever is less.
Aerus retains the option to withdraw funds from the franchisee's designated bank account through electronic funds transfer or a comparable method for any payment or other amounts due. Franchisees are required to maintain a minimum balance in their designated bank account as specified in the manuals. While the document mentions the Customer Data that Aerus owns and maintains, it does not specify when the Customer Data Fee is due. To determine when the Customer Data Fee is due, a prospective franchisee should refer to Schedule 3 of the Franchise Agreement or consult the manuals.