Is an Aerus franchisee allowed to conduct national or international advertising, including internet advertising?
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).
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 are generally restricted from conducting national or international advertising. Specifically, franchisees are prohibited from national or international advertising of any kind, including internet advertising. However, there are limited exceptions to this rule, which require written approval from Aerus.
Aerus requires franchisees to make commercially reasonable efforts to advertise and promote their franchised business within their designated Area of Responsibility. Franchisees must also spend at least the Minimum Local Advertising Fee, as detailed in the FDD, on local advertising efforts. All advertising and promotional materials must be submitted to Aerus for approval before use, ensuring compliance with brand standards and marketing guidelines.
Aerus retains control over advertising programs and may establish a System Media Fund, where franchisees could be required to contribute up to 3% of Gross Sales. Aerus or its designee manages the System Media Fund, directing all aspects of advertising programs, including the concept, materials, and media used. This fund aims to maximize public recognition of Aerus's marks and programs, and Aerus is not obligated to ensure that expenditures benefit each franchisee directly or proportionately to their contribution.
Furthermore, franchisees need written approval from Aerus to establish a website or use the internet to offer products or services. Aerus can set requirements for online presence, potentially limiting franchisees to a webpage on Aerus's main website. Any website is considered advertising and is subject to Aerus's approval, ensuring that all online marketing efforts align with the brand's overall strategy.