Can an Aerus franchisee place advertisements or promotional material outside of their Area of Responsibility?
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 prohibited from placing advertisements or promotional materials outside of their designated Area of Responsibility. The FDD states that franchisees must make commercially reasonable efforts to advertise and promote the Franchised Business within their Area of Responsibility, and all advertising and promotional materials must be submitted to Aerus for approval before use.
Specifically, the document states that franchisees cannot place advertisements or promotional material outside their Area of Responsibility. There is a limited exception for internet advertising, which may be allowed in certain circumstances, but only with Aerus's prior written approval.
This policy ensures that Aerus maintains control over its brand image and marketing efforts, and that franchisees focus their advertising spend within their assigned territory. This is a fairly standard restriction in franchising, intended to prevent overlap and competition between franchisees while ensuring consistent brand messaging. Prospective franchisees should discuss the specifics of their Area of Responsibility and advertising guidelines with Aerus to fully understand these limitations.