Who determines permanent disability for an Aerus franchisee or principal?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
- D. Upon the permanent disability of Franchisee (if a natural person) or any principal of Franchisee, Company may, at Company's sole option, require the interest of such individual to be transferred to a third party in accordance with the conditions described in this Addendum within six (6) months after notice to Franchisee. Permanent disability will be determined by a licensed practicing physician Company selects, upon examination of the person; or if the person refuses to submit to an examination, then such person automatically will be deemed permanently disabled as of the date of such refusal for the purpose of this Addendum.
Source: Item 23 — Receipts (FDD pages 74–305)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, the determination of permanent disability for a franchisee or any principal of the franchisee is made by a licensed practicing physician selected by Aerus. The physician will conduct an examination of the individual in question.
If the franchisee or principal refuses to submit to the examination by the physician selected by Aerus, the document states that the individual will automatically be deemed permanently disabled as of the date of refusal. This determination is solely for the purposes of the conditions described in Addendum C of the franchise agreement.
This clause is important because if a franchisee or principal becomes permanently disabled, Aerus has the option to require the transfer of the disabled individual's interest in the franchise to a third party. This transfer must occur within six months after Aerus notifies the franchisee of this requirement, ensuring a timely transition of ownership and management.