What is the dependency for the Aerus debtor to move its principal place of business?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
THIS FRANCHISE AGREEMENT (Associate Program) (the "Agreement") 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") and the entity or individual executing this Agreement as "Franchisee" and having its primary residence or principal place of business at the address set forth in Schedule 1, attached hereto ("Franchisee"). Franchisee represents that the ownership interests shown in Schedule 2 attached hereto are true, complete and correct. Certain capitalized terms and phrases are used in this Agreement with the meanings assigned in Addendum A, attached hereto, which is incorporated herein by reference.
R E C I T A L S
Source: Item 23 — Receipts (FDD pages 74–305)
What This Means (2025 FDD)
Based on the 2025 Aerus Franchise Disclosure Document, the franchise agreement states that the franchisee's primary residence or principal place of business is located at the address set forth in Schedule 1. The FDD defines "Approved Location" as the approved location or locations of the Franchised Business identified on Schedule 1, attached to the agreement, or such other location as Aerus may, at its option, subsequently approve and permit in writing.
This means that an Aerus franchisee's ability to change their principal place of business, or the location of their franchised business, is dependent on receiving written approval from Aerus. The franchisee must initially operate from the location specified in Schedule 1 of the franchise agreement.
For a prospective Aerus franchisee, this indicates that you cannot unilaterally decide to move your business location. You must seek and obtain Aerus's permission, which Aerus can grant or deny at its discretion. This clause protects Aerus's brand and ensures that franchisees operate in locations that meet the company's standards and strategic objectives.