Is an Aerus franchisee allowed to make disparaging public statements about the Aerus business?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
Under no circumstance shall Franchisee make any public statement (whether verbally or in writing or by use of any electronic medium, including, without limitation, email, Internet post, web log, website or otherwise) which actually or by implication is in any way derogatory, defamatory or otherwise disparaging of the Franchised Business or Aerus Businesses generally or of Company, any of Companies Affiliates or any of their officers, directors, members, shareholders, employees or agents.
Source: Item 23 — Receipts (FDD pages 74–305)
What This Means (2025 FDD)
According to the 2025 Aerus Franchise Disclosure Document, an Aerus franchisee is prohibited from making any public statements that are derogatory, defamatory, or disparaging about the Aerus business. This restriction applies to all forms of communication, including verbal, written, and electronic media such as email, internet posts, weblogs, and websites.
This provision protects Aerus's brand reputation and goodwill. Any negative statements, even if implied, could be considered a breach of the franchise agreement. This restriction extends not only to statements about the franchised business itself but also to Aerus Businesses generally, the company, its affiliates, and their officers, directors, members, shareholders, employees, or agents.
For a prospective franchisee, this means exercising caution and discretion in all public communications related to the franchise. It is essential to understand that any form of criticism or negative commentary, even if perceived as minor, could have legal repercussions under the franchise agreement. Franchisees should direct any concerns or complaints through the appropriate internal channels provided by Aerus rather than airing them publicly.