Does the Aerus Franchise Agreement specify what happens if a franchisee's employees violates any other agreement with the company?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee shall be permitted, at its own cost and expense, to hire and retain such employees, consultants and agents as Franchisee may deem necessary in establishing and operating the Franchised Business.
Additionally, Franchisee shall be permitted to employ or engage, on forms reasonably acceptable to Company and which grant no greater rights and retain at least the same restrictions and limitations as this Agreement, Sales Representatives who shall operate in accordance with this Agreement and the Manuals, including the Policies and Procedures.
Franchisee shall have sole authority and discretion regarding all employment matters, including without limitation, hiring, firing, discipline, compensation, benefits and scheduling.
Notwithstanding the generality of the foregoing, Company may from time to time set minimum staffing requirements and hours of operation for Approved Locations in the Manuals.
Source: Item 23 — Receipts (FDD pages 74–305)
What This Means (2025 FDD)
Based on the 2025 Aerus Franchise Disclosure Document, the agreement addresses the franchisee's responsibilities regarding their employees but does not explicitly detail the consequences if an employee violates a separate agreement with Aerus. The franchisee has the authority over employment matters, including hiring and firing, but must ensure Sales Representatives operate according to the Franchise Agreement and Manuals.
Aerus may set minimum staffing requirements and hours of operation. The franchisee is responsible for ensuring their employees adhere to the standards outlined in the franchise agreement and manuals.
While the FDD does not directly state the repercussions of an employee violating a separate agreement, it's implied that the franchisee could be held responsible for ensuring their employees' compliance with Aerus's standards and agreements.
A prospective Aerus franchisee should seek clarification from Aerus regarding the specific liabilities and responsibilities in the event of an employee's violation of agreements with the company.