Can an Aerus franchisee advertise outside of their Area of Responsibility?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
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
Source: Item 23 — Receipts (FDD pages 74–305)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, franchisees are generally prohibited from advertising, marketing, or soliciting sales outside of their designated Area of Responsibility without prior written approval from Aerus. This restriction is in place to protect market territories and avoid conflicts between franchisees.
The FDD specifies that franchisees must obtain written approval from Aerus before using any advertising materials and must immediately stop using any materials that Aerus subsequently disapproves. Furthermore, franchisees are prohibited from placing advertising, marketing, or promotional materials outside their Area of Responsibility and from conducting any national or international advertising.
This policy ensures that Aerus maintains control over its brand image and marketing strategies, while also preventing franchisees from encroaching on each other's territories. A prospective franchisee should carefully consider the boundaries of their Area of Responsibility and the limitations on advertising outside of it, as this could impact their ability to reach potential customers and grow their business. It is important to discuss any potential needs for advertising beyond the assigned area with Aerus during the due diligence process.