In the event of litigation regarding Aerus's patents or copyrights, what obligations do I have to Aerus?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
You must notify us immediately by telephone, and thereafter in writing, of any apparent infringement of or challenge to your use of any patents, copyrighted material or proprietary information, or of any claim by any person of any rights therein. We will have the right to take such action as we deem appropriate in connection with the foregoing, including the right to control any settlement, litigation or proceeding arising out of any such alleged infringement, challenge or claim or otherwise relating to any of the patents, copyright and proprietary information. You must execute any and all instruments and documents, render such assistance, and do such acts or things as may, in our reasonable opinion, be necessary or advisable to protect and maintain our or our affiliate's interests in any litigation or other proceeding or to otherwise protect and maintain our, our affiliates or any other interested party's interest in the patents, trademarks or proprietary information.
Source: Item 14 — Patents, Copyrights, and Proprietary Information (FDD pages 51–53)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, if there is an apparent infringement or challenge to your use of any patents, copyrighted material, or proprietary information, or any claim by any person of any rights therein, you must immediately notify Aerus by telephone and then in writing. Aerus has the right to take action it deems appropriate, including controlling any settlement, litigation, or proceeding arising out of the alleged infringement, challenge, or claim relating to patents, copyrights, and proprietary information.
As an Aerus franchisee, you are obligated to execute any and all instruments and documents, provide assistance, and perform actions that Aerus deems necessary to protect and maintain its interests or its affiliates' interests in any litigation or other proceeding. This extends to protecting and maintaining Aerus's, its affiliates', or any other interested party's interest in the patents, trademarks, or proprietary information. This means you must cooperate fully with Aerus in any legal matters pertaining to these protections.
This obligation is fairly standard in franchising, as franchisors typically want to maintain tight control over their intellectual property. By requiring franchisees to report potential infringements and cooperate in legal proceedings, Aerus aims to safeguard its brand and system standards. Franchisees should be aware that they may need to dedicate time and resources to assist Aerus in such matters, even if they are not directly involved in the infringement or challenge.