What are some of the distinguishing characteristics of the Proprietary System used by Aerus franchisees?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
R E C I T A L S
- A. Company grants franchises to qualified individuals and business entities for the right to establish and operate businesses that (i) market, distribute and sell the Company's and its Affiliates' line of air purification, water purification, water conditioning, floor care and other environmental products for homes and businesses, including accessories, attachments, parts and supplies; (ii) provide testing for environmental contaminants and market, distribute and sell products, services and treatments for the control of indoor environmental contaminants; and (iii) perform product repair, maintenance and related services for our products and certain products of our competitors (collectively, the "Proprietary Products"). The Proprietary Products bear or are identified by the trade name, trademark or service mark "Beyond", "Beyond by Aerus", "Aerus", "Lux", "Electrolux" or certain other indicia owned, licensed or otherwise contracted for by Company (the "Proprietary Marks") and are marketed, distributed and sold through (among other channels) a network of independent franchisees, operating from permitted fixed locations, and their permitted distributors, licensees and sales representatives, who each assume responsibility for their own marketing, promotion, sales and distribution of the Proprietary Products, directly or indirectly, to the end-user, consuming public.
- B. Company and its Affiliates have developed a distinctive and proprietary system (the "Proprietary System") for establishing and operating businesses that offer and sell the Proprietary Products. The distinguishing characteristics of the Proprietary System include, among other things: identification by the Proprietary Marks; distinctive exterior and interior design, décor, color scheme and furnishings, fixtures and other trade dress elements; proprietary products; standards, specifications, policies
Source: Item 23 — Receipts (FDD pages 74–305)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, the Proprietary System has several distinguishing characteristics. These include identification by the Proprietary Marks, a distinctive exterior and interior design, décor, color scheme and furnishings, fixtures and other trade dress elements, proprietary products, standards, specifications, and policies.
Aerus franchisees must operate their businesses in accordance with the Proprietary System. This system is applicable to both the Standard Program and the Associate Program, although the specific elements may vary between the two. The Proprietary System also involves the use of the Aerus Franchise Office Automation System (FOAS), which includes software programs and modules for customer relationship and lead management, financial administration, and inventory ordering and management.
Aerus retains the right to modify the Proprietary System, including the products offered and the marks used. They can also establish additional franchise programs utilizing the Marks and the System or cease granting licenses under existing programs. Franchisees are required to use all functions of FOAS and adopt new programs and modules developed by Aerus, potentially incurring additional fees for these updates.