How must an Aerus franchisee identify themselves in conjunction with any use of the Marks?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
rmit or authorize any person or entity other than Franchisee to establish a physical location for the operation of any Aerus Business under any of the Programs listed in Recital C within the area identified as the Protected Area in Schedule 1, attached hereto (the "Protected Area").
G. 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 an 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 physical location other than an Approved Location, by any Person other than an authorized representative of Franchisee or in a manner otherwise inconsistent with the System.
H. Notwithstanding the foregoing and without limiting the generality of the provisions contained in this Section, Franchisee acknowledges that Company and its Affiliates and existing franchisees, distributors and licensees operate existing businesses and systems, and may in the future establish and operate new businesses and systems, including Aerus Businesses, under the same and other assumed names, trade names and trademarks as the Marks, which businesses and systems may offer or sell products and services similar or identical to the Products, and may do so (or grant licenses or franchises for third-parties to do so) within any part of the Area of Responsibility (except as limited by the rights granted hereunder). The right granted under this Agreement is only for the operation of the Franchised Business in accordance with this Agreement. Franchisee is granted no rights of any kind in and to any other business or system that may now or hereafter be owned, operated or licensed by Company or any of its Affiliates. Company and Company's Affiliates retain all rights not expressly granted herein. Company reserves the right to provide new products and services under the System, and to require or permit new products and services to be provided, marketed, promoted, distributed or sold hereunder by Franchisee through the Franchised Business, and may, in connection therewith, without limitation (1) require Franchisee to execute an additional or supplemental agreement and (2) require the payment of a royalty.
I.
Source: Item 23 — Receipts (FDD pages 74–305)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, franchisees must operate under the Approved Name and can only use the Marks in strict accordance with the franchise agreement, the Policies and Procedures, the Manuals, and any specific guidelines imposed by Aerus. Without prior written approval from Aerus, franchisees are prohibited from conducting business under any other actual or assumed name. They also cannot use any trade name, trademark, or service mark other than the Marks in connection with the Franchised Business.
This means an Aerus franchisee's business identity is tightly controlled by the franchisor. They must adhere to the approved name and branding guidelines set forth by Aerus. This ensures consistency across all franchise locations and protects the brand's image.
Aerus also requires franchisees to get approval on all advertising and marketing materials. This is to ensure that the franchisee is compliant with the company's standards, specifications, and procedures as described in the franchise agreement and manuals. The franchisee must discontinue the use of any advertising materials that Aerus subsequently disapproves. This level of control is common in franchising to maintain brand uniformity and prevent misuse of trademarks.
These restrictions ensure that the Aerus brand is presented consistently and professionally across all franchise locations. While this limits the franchisee's autonomy in branding and marketing, it also provides a framework and support system to help them succeed within the established brand.