Is an Aerus franchisee allowed to make public statements that disparage 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, franchisees are explicitly prohibited from making public statements that are derogatory or disparaging about the Aerus business. This restriction extends to any form of communication, whether verbal, written, or electronic, including emails, internet posts, weblogs, and websites. This policy covers not only the franchisee's specific franchised business but also Aerus businesses in general, as well as the company, its affiliates, and their personnel.
This provision is fairly standard in franchise agreements, as franchisors want to protect their brand's reputation. By preventing franchisees from making negative public statements, Aerus aims to maintain a consistent and positive image. This restriction helps ensure that franchisees do not damage the brand's goodwill through negative reviews or comments.
For a prospective Aerus franchisee, this means they must be cautious about what they say publicly regarding their business or the Aerus brand. Any negative feedback or concerns should be addressed directly with Aerus through proper channels rather than through public forums. Failure to comply with this policy could result in penalties or even termination of the franchise agreement. Franchisees should understand that this clause is designed to protect the overall reputation and success of the Aerus brand, which ultimately benefits all franchisees.