Does the Aerus FDD specify the form or method for providing written notice of renewal?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
| Category | Section in Agreement | Summary |
|---|---|---|
| a. Length of the term | Section 2 and Schedule 1 | As defined in Schedule 1. Initial term is equal to 1 year. |
| b. Renewal or extension of the term | Section 2 and Schedule 1 | If we are then offering new franchise rights for the establishment of Aerus Businesses in the State where the franchise subject to renewal is located and you satisfy the requirements for renewal, you may renew for an additional one (1) year renewal term. |
| c. Requirements for franchisee to renew or extend | Section 2 | Provided we are then offering new franchise rights for the establishment of Aerus Businesses in the State where the franchise subject to renewal is located, you may renew subject to the following conditions: (1) you give us written notice of your desire to renew 30 days before expiration of the initial term; (2) there is no uncured default at the time of renewal; (3) you have achieved at least $10,000 in monthly Gross Sales during each of the prior six months; (4) you execute our then-current form of franchise agreement (which may contain materially different terms and conditions than your original Franchise Agreement); (5) you pay a $100 renewal f |
Source: Item 17 — Renewal, Termination, Transfer, and Dispute Resolution (FDD pages 56–60)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, to renew the franchise, a franchisee must provide written notice of their desire to renew. Specifically, the franchisee must give Aerus written notice 30 days before the expiration of the initial term. The FDD does not specify a particular form or method for delivering this written notice, so it is up to the franchisee to ensure Aerus receives it.
In addition to providing written notice, the franchisee must meet other conditions to be eligible for renewal. These conditions include having no uncured defaults at the time of renewal, achieving at least $10,000 in monthly Gross Sales during each of the prior six months, executing Aerus's then-current form of franchise agreement, paying a $100 renewal fee, and signing a general release in favor of Aerus and its affiliates.
Since the FDD does not specify the exact method for sending the renewal notice, prospective Aerus franchisees should confirm with Aerus the acceptable methods for providing written notice. This could include certified mail, email, or another trackable delivery method to ensure proof of delivery and avoid any disputes regarding timely notification.