Must an Aerus franchisee advertise in the manner designated by Aerus in the Manuals or in writing?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
You must make all commercially reasonable efforts to advertise and promote the Franchised Business in the Area of Responsibility, expending an amount equal to at least the Minimum Local Advertising Fee described in this Disclosure Document. You must submit samples of all advertising and promotional materials to us for approval prior to its use. No advertisement or promotional material may be placed outside the Area of Responsibility, and you may not conduct any national or international advertising of any kind, including any internet advertising (except in very limited circumstances and subject to our written approval). You must advertise at all times in the manner designated by us in the Manuals or otherwise in writing, using formats approved by us in advance; provided, that we may require that all such advertising be placed by us or a third party designated by us, and at your expense. (Franchise Agreement, Section 11).
We are not obligated to spend any amount on advertising in your Area of Responsibility. We may in the future establish a System Media Fund (the "System Media Fund"). If we establish the System Media Fund, you (and other franchisees with your franchise program) would be required to contribute up to 3% of Gross Sales to the System Media Fund. (Franchise Agreement, Addendum B). In addition:
Source: Item 11 — Franchisor's Assistance, Advertising, Computer Systems, and Training (FDD pages 36–43)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, franchisees must make commercially reasonable efforts to advertise and promote their franchised business within their designated Area of Responsibility. Aerus requires franchisees to spend at least the Minimum Local Advertising Fee, as detailed in the FDD.
Aerus franchisees must submit all advertising and promotional materials to Aerus for approval before use. Franchisees are restricted from placing advertisements outside their Area of Responsibility and are generally prohibited from conducting national or international advertising, including most internet advertising, unless they receive written approval from Aerus.
Aerus mandates that franchisees advertise in the manner it designates, either in the Manuals or in writing, using formats that Aerus has pre-approved. Aerus retains the right to require that all advertising be placed by Aerus itself or by a third party it designates, with the franchisee bearing the expense. Aerus is not obligated to spend any amount on advertising in the franchisee's Area of Responsibility. However, Aerus may establish a System Media Fund in the future, requiring franchisees to contribute up to 3% of Gross Sales to the fund.