Is an Aerus franchisee allowed to use Confidential Information for purposes other than operating the Franchised Business according to the agreement?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
- (7) Immediately deliver to Company all information (including Customer Data in physical or electronic formats) and databases described herein, and all other Confidential Information (including the Manuals) and all agreements, invoices, and any and all other materials relating to the operation of the Franchised Business in Franchisee's possession or control (including any such information or materials in the possession of any Sales Representative), and all copies thereof.
- (8) Comply with the non-competition covenants and the restrictions on Confidential Information contained herein.
Source: Item 23 — Receipts (FDD pages 74–305)
What This Means (2025 FDD)
According to the 2025 Aerus Franchise Disclosure Document, franchisees are restricted in how they can use Confidential Information. Specifically, upon expiration or termination of the Franchise Agreement, the franchisee must deliver to Aerus all Confidential Information relating to the operation of the franchised business.
Aerus franchisees are obligated to comply with restrictions on the use of Confidential Information as outlined in the agreement. This obligation extends to all information, agreements, invoices, and materials related to the franchised business that are in the franchisee's possession or control. This includes any such information held by Sales Representatives.
These restrictions ensure that franchisees do not use proprietary information gained during their time with Aerus to unfairly compete or otherwise benefit outside of the scope of the franchise agreement. This protects Aerus's business model, customer data, and operational methods.