In the Aerus Franchise Agreement (Associate Program), where can I find the definitions of capitalized terms and phrases used in the agreement?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
THIS FRANCHISE AGREEMENT (Associate Program) (the "Agreement") is made effective as of the date shown on the signature page hereto (the "Effective Date") and is made between Aerus Franchising, LLC, a Delaware limited liability company, having its principal place of business at 14841 Dallas Parkway, Suite 500, Dallas, Texas 75254 ("Company") and the entity or individual executing this Agreement as "Franchisee" and having its primary residence or principal place of business at the address set forth in Schedule 1, attached hereto ("Franchisee"). Franchisee represents that the ownership interests shown in Schedule 2 attached hereto are true, complete and correct. Certain capitalized terms and phrases are used in this Agreement with the meanings assigned in Addendum A, attached hereto, which is incorporated herein by reference.
Source: Item 23 — Receipts (FDD pages 74–305)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, the definitions of capitalized terms and phrases used in the Franchise Agreement (Associate Program) can be found in Addendum A, which is attached to the agreement and incorporated by reference. Specifically, the Franchise Agreement states that certain capitalized terms and phrases are used with the meanings assigned in Addendum A.
Addendum A, titled "DEFINED TERMS AND PHRASES," provides a list of terms and their definitions. For example, it defines terms such as "Administration and Technical Support Fee," "Aerus Business," "Affiliate," "Agreement," "Application Fee," "Approved Customer," "Approved Name," "Area of Responsibility," "Approved Location," and "Beyond Products." Each term is followed by its specific meaning as it applies within the context of the Franchise Agreement.
Prospective Aerus franchisees should carefully review Addendum A to understand the precise legal meanings of these capitalized terms, as they govern the franchisee's rights and obligations under the agreement. Understanding these definitions is crucial for interpreting the agreement correctly and ensuring compliance with its terms. For instance, the definition of "Approved Customer" clarifies who the franchisee is authorized to sell products to, while the definition of "Approved Location" specifies where the franchisee can operate the business.