Does the Aerus franchise agreement grant franchisees any rights to the Marks beyond what is specifically set forth in the agreement?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
- 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 the 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 the 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.
Company and Company's Affiliates retain all rights not expressly granted herein.
Company reserves the right to provide new products and services under the System, and to require or permit new products and services to be provided, marketed, promoted, distributed or sold hereunder by Franchisee through the Franchised Business, and may, in connection therewith, without limitation (1) require Franchisee to execut
Source: Item 23 — Receipts (FDD pages 74–305)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, the franchise agreement strictly defines the franchisee's rights regarding the use of Aerus's trademarks and service marks. Franchisees are explicitly prohibited from using any trade name, trademark, or service mark in connection with their Franchised Business other than the Marks that Aerus authorizes. They can only use the Marks in strict accordance with the franchise agreement, the Policies and Procedures outlined in the manuals, and any specific guidelines imposed by Aerus.
Aerus franchisees are not allowed to advertise or sell any product or service bearing a trade name, trademark, or service mark other than the Marks from their Approved Location or through their Franchised Business. This restriction ensures that the Aerus brand remains consistent and uniform across all franchise locations. Franchisees are also prohibited from selling any product or service that is not an approved Product or from selling Products from any physical location other than the Approved Location, unless explicitly authorized by Aerus.
The franchise agreement also clarifies that Aerus and its affiliates retain the right to operate businesses under the same or similar names and trademarks as the Marks, potentially offering similar products and services within the franchisee's Area of Responsibility. The rights granted to the franchisee are specifically for the operation of the Franchised Business under the terms of the agreement, and no other rights are implied or granted. Aerus reserves all rights not expressly granted in the agreement, including the right to introduce new products and services under the System and to require or permit franchisees to provide, market, distribute, or sell these new offerings.
For franchisees who sign a Beyond Addendum, the definition of "Marks" is supplemented to include the "Beyond Marks," granting them a limited non-exclusive right to use these marks in accordance with the franchise agreement, manuals, and any specific usage guidelines from Aerus. This addendum requires the franchisee to pay a non-refundable Beyond Fee of $100.00 for these additional rights. Overall, the Aerus franchise agreement is very specific about the limited rights granted to franchisees regarding the use of the Marks, emphasizing the importance of adhering to the prescribed guidelines and restrictions to maintain brand consistency and protect Aerus's intellectual property.