What is the Aerus debtor prohibited from doing regarding their legal name?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
Debtor does not and will not use any other name of trade style to identify itself to the public.
- (d) Location of Books and Records.
Debtor's original books of account and records relating to the Collateral are, and shall continue to be, kept at its principal place of business.
Debtor shall not permit any original books of account or records concerning the Collateral to be located at any other address except such new locations as it may establish in accordance with subparagraph (e) below.
- (e) Establishment of New Location or Name.
If Debtor desires to establish a new location for its principal place of business where Collateral or original books of account or records relating to the Collateral may be kept or to alter the exact legal name of Debtor in any manner or take title to the Collateral or change its jurisdiction of formation then Debtor shall first, with respect to each new location or name or jurisdiction of formation:
(1) Give Secured Party written notice of its intention to do so and provide Secured Party with such information in connection therewith as Secured Party may reasonably request; and
(2) Take such action, as directed by Secured Party as may be necessary to maintain at all times the perfection and first priority of the security interest in the Collateral granted to Secured Party hereunder.
Source: Item 23 — Receipts (FDD pages 74–305)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, the debtor, or franchisee, is restricted from using any other name or trade style to identify their business to the public. This means an Aerus franchisee must operate solely under the approved name and cannot use any variations or alternative names for their business.
This restriction ensures consistent branding and prevents customer confusion. It also allows Aerus to maintain control over its brand identity and protect its trademarks. Franchisees must adhere strictly to this requirement to avoid violating the franchise agreement.
If an Aerus franchisee wishes to change their legal name or establish a new business location, they must provide written notice to Aerus and obtain their approval. They must also take any actions deemed necessary by Aerus to maintain the perfection and priority of the security interest in the collateral granted to Aerus. This ensures that Aerus maintains its security interest in the franchisee's assets even if the franchisee's name or location changes.