What must an Aerus franchisee do with any printed or virtual material containing Customer Data upon termination of the Franchise Agreement?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
We own and maintain a database of customer information (the "Customer Data"). We may make available for use by you on a limited, non- exclusive basis, that part of the Customer Data which is pertinent to the Area of Responsibility, subject to your strict accord and compliance with the terms and conditions of the Franchise Agreement, the Manuals, the Policies and Procedures and any specific guidelines we may impose from time to time concerning collection, maintenance and use of the Customer Data. We may charge you a fee for access and use to the Customer Data which is pertinent to your Area of Responsibility. All such rights and licenses will automatically terminate upon the expiration or termination of the Franchise Agreement, and you must then return to us any printed or virtual item or material containing or bearing any of the Customer Data. All rights to and goodwill in the Customer Data are solely and exclusively the property of us. Nothing in the Franchise Agreement gives you any right in or to any of the Customer Data, except as specifically provided in the Franchise Agreement. You may not, for yourself or together with any other person or entity, challenge our right, title or privilege in or to the Customer Data. You must do such acts or things, as may, in our reasonable opinion, be necessary or advisable to protect and monitor the integrity of the Customer Data.
Source: Item 14 — Patents, Copyrights, and Proprietary Information (FDD pages 51–53)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, the Customer Data is owned and maintained by Aerus. Aerus may allow franchisees to use Customer Data pertinent to their Area of Responsibility on a limited, non-exclusive basis, provided the franchisee strictly complies with the Franchise Agreement, manuals, policies and procedures. Aerus may charge a fee for this access. Upon termination or expiration of the Franchise Agreement, the franchisee's rights to use the Customer Data automatically terminate.
Specifically, the franchisee must return to Aerus any printed or virtual item or material containing any of the Customer Data. All rights to and goodwill in the Customer Data are exclusively the property of Aerus. Franchisees cannot challenge Aerus's rights to the Customer Data and must take necessary actions to protect the integrity of the Customer Data.
During the term of the Franchise Agreement, Aerus franchisees must actively maintain, use, update, correct, and supplement the Customer Data. This includes updating the data immediately after any sale or customer contact, regularly reviewing the data, and using it for marketing, lead generation, sales, and recruiting purposes, all in accordance with the Aerus system and procedures. The Customer Data must only be used for operating the franchised business.