Does the Aerus Franchise Disclosure Document include a Software License Agreement as part of the Franchise Agreement (Standard Program) outlined in Exhibit 2(a)?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
I received a franchise disclosure document dated May 15, 2025 that included the following exhibits:
State Addenda (California, Illinois, Maryland, Minnesota, New York, North Dakota, South Dakota, Virginia, Washington, Wisconsin)
Exhibit 1 – Financial Statements
Exhibit 2(a) – Franchise Agreement (Standard Program), Lease Rider, Software License Agreement and Consigned Products Security Agreement
Exhibit 2(b) – Franchise Agreement (Associate Program), Lease Rider, Software License Agreement and Consigned Products Security Agreement
Exhibit 2(c) – Beyond Addendum
Exhibit 3 – Secured Promissory Note, Security Agreement and Guaranty
Exhibit 4 – List of State Administrators
Exhibit 5 – List of Agents for Service of Process
Exhibit 6 – List of Aerus Businesses and List of Aerus Businesses Who Have Left the System
Exhibit 7 – Commitment Letter
Exhibit 8 – Manual Table of Contents
Source: Item 22 — Contracts (FDD page 74)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, Exhibit 2(a) includes the Franchise Agreement (Standard Program), Lease Rider, Software License Agreement, and Consigned Products Security Agreement. This indicates that a Software License Agreement is part of the standard franchise agreement.
Aerus franchisees are required to use specific computer programs and systems, including the Aerus Franchise Office Automation System (FOAS), for managing their business. The franchisor grants a nonexclusive, nonassignable license to use the software and related documentation. Franchisees must maintain hardware, software, and internet connections that meet Aerus's specifications.
The franchisee is responsible for the costs of hardware, software, internet, and telecommunication connections. Aerus provides software updates and revisions for proprietary software, with the cost of upgrades included in the Administration and Technical Support Fee. However, Aerus reserves the right to require franchisees to upgrade their computer hardware and software as necessary, at the franchisee's expense. The estimated cost for the initial computer system, hardware, and software ranges from $1,200 to $2,200.