Where can I find the specific terms and conditions for conducting sales efforts as an Aerus franchisee?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
rmit or authorize any person or entity other than Franchisee to establish a physical location for the operation of any Aerus Business under any of the Programs listed in Recital C within the area identified as the Protected Area in Schedule 1, attached hereto (the "Protected Area").
G. Notwithstanding anything herein to the contrary, without Company's prior written approval, Franchisee shall not (1) conduct the Franchised Business under any actual or assumed name other than the Approved Name, (2) sell to any person or entity that is not an Approved Customer, (3) advertise, market or solicit sales outside of the Area of Responsibility, (4) sell to any person not residing within the Area of Responsibility, (5) conduct any aspect of the Franchised Business by, through, over or on the internet or world wide web, including without limitation, advertising, marketing and solicitation, unless or until Company establishes a Company sponsored program for such conduct by Franchisees and, then, only as part of and in accordance with such program, (6) use any trade name, trademark or service mark in connection with the Franchised Business other than the Marks (and then only in strict accordance with the terms and conditions of this Agreement, the Policies and Procedures, the Manuals and any specific guidelines imposed by Company), (7) advertise or sell any product or service from an Approved Location or through the Franchised Business bearing any trade name, trademark or service mark other than the Marks, (8) sell any product or service that is not a Product, or (9) permit any Product to be sold from any physical location other than an Approved Location, by any Person other than an authorized representative of Franchisee or in a manner otherwise inconsistent with the System.
H. Notwithstanding the foregoing and without limiting the generality of the provisions contained in this Section, Franchisee acknowledges that Company and its Affiliates and existing franchisees, distributors and licensees operate existing businesses and systems, and may in the future establish and operate new businesses and systems, including Aerus Businesses, under the same and other assumed names, trade names and trademarks as the Marks, which businesses and systems may offer or sell products and services similar or identical to the Products, and may do so (or grant licenses or franchises for third-parties to do so) within any part of the Area of Responsibility (except as limited by the rights granted hereunder). The right granted under this Agreement is only for the operation of the Franchised Business in accordance with this Agreement. Franchisee is granted no rights of any kind in and to any other business or system that may now or hereafter be owned, operated or licensed by Company or any of its Affiliates.
Source: Item 23 — Receipts (FDD pages 74–305)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, the terms and conditions for conducting sales efforts as a franchisee are detailed in several key documents. Specifically, Item 23 references the Franchise Agreement, Policies and Procedures, and the Manuals as sources for these terms. These documents outline what is permissible in conducting the franchised business.
The FDD indicates that franchisees must adhere to specific guidelines regarding how they conduct their business. For example, franchisees cannot operate under any name other than the Approved Name, sell to unapproved customers, or solicit sales outside their designated Area of Responsibility without prior written approval from Aerus. Furthermore, online sales activities are restricted unless Aerus establishes a company-sponsored program for franchisees, and even then, franchisees must comply with the program's terms.
Advertising and marketing efforts are also subject to Aerus's control. All advertising materials must comply with Aerus's standards and require prior written approval. Franchisees are also obligated to spend a Minimum Local Advertising Expense each year on local advertising, public relations, and promotion within their Area of Responsibility. Aerus also retains the right to assess franchisees for contributions to the System Media Fund, which supports broader marketing initiatives. Therefore, prospective franchisees should carefully review the Franchise Agreement, Policies and Procedures, and the Manuals to fully understand the scope of these requirements and restrictions.