In the event of a conflict between the Wisconsin Addendum and the Aerus Franchise Agreement, which document's terms and conditions will apply?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
To the extent the Wisconsin Franchise Investment Law, Wis. Stat. §§553.01 – 553.78 or Wisconsin Fair Dealership Law, Wis. Stat. §§135.01 – 135.07 applies, the terms of this Addendum apply.
- Notwithstanding anything to the contrary contained in the Franchise Agreement, to the extent that the Franchise Agreement contains provisions that are inconsistent with the following, such provisions are hereby amended:
To the extent any of the provisions regarding notice of termination or change in dealership are in conflict with Section 135.04 of the Wisconsin Fair Dealership Law, the Wisconsin law shall apply.
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- Any capitalized terms that are not defined in this Addendum shall have the meaning given them in the Franchise Agreement.
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- Except as expressly modified by this Addendum, the Franchise Agreement remains unmodified and in full force and effect.
Source: Item 23 — Receipts (FDD pages 74–305)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, the terms of the Wisconsin Addendum will generally apply in the event of a conflict with the Franchise Agreement. Specifically, the Wisconsin Addendum states that its terms apply to the extent that the Wisconsin Franchise Investment Law or the Wisconsin Fair Dealership Law are applicable.
However, this is not a blanket override. The Franchise Agreement remains in full effect except where expressly modified by the Wisconsin Addendum. This means that franchisees operating in Wisconsin must carefully review both documents to understand their rights and obligations.
Furthermore, the Wisconsin Addendum specifies that if any provisions regarding notice of termination or change in dealership are in conflict with Section 135.04 of the Wisconsin Fair Dealership Law, the Wisconsin law will take precedence. This highlights the importance of understanding state-specific laws and how they interact with the franchise agreement.