How far in advance must a franchisee apply for Aerus's consent to transfer their interest?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
If Franchisee or any principal of Franchisee wishes to cause or effectuate a Transfer, the transferor and the proposed transferee must apply to Company for Company's consent not later than sixty (60) days prior to the anticipated closing date of the Transfer.
Franchisee will pay, at the time of the request for Transfer, a Transfer Fee as described in Schedule 3 to reimburse Company for Company's reasonable expenses associated with reviewing the application to Transfer.
Source: Item 23 — Receipts (FDD pages 74–305)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, if a franchisee or any principal of the franchisee wishes to transfer their interest, they must apply to Aerus for consent at least sixty (60) days before the anticipated closing date of the transfer. This requirement ensures that Aerus has ample time to review the proposed transfer and assess the suitability of the potential transferee.
This advance notice allows Aerus to protect its brand and ensure that any new franchisee meets its standards for business skill, financial capacity, and personal character, as the original franchise agreement was granted in reliance on these qualities of the initial franchisee. The sixty-day period provides time for Aerus to conduct due diligence on the transferee, including reviewing their background and financial capabilities.
In addition to providing advance notice, the franchisee must also pay a transfer fee at the time of the request to reimburse Aerus for the expenses associated with reviewing the transfer application. This fee covers Aerus's costs for legal and administrative work involved in the transfer process. Failing to apply within the specified timeframe or neglecting to pay the transfer fee could result in a denial of the transfer request, potentially hindering the franchisee's ability to sell their business when desired.