Is an Aerus franchisee required to assist in the protection of the "Aerus" mark?

According to Aerus's 2025 Franchise Disclosure Document, franchisees may be required to assist in the protection of the Aerus trademark. Specifically, the FDD states that franchisees "may be required to assist in the protection of the mark". This indicates that while it is not always mandatory, Aerus could ask franchisees to take certain actions to protect the trademark.

In addition to potentially assisting in protecting the mark, Aerus franchisees are obligated to indemnify Aerus and its affiliates against any claims that arise from the franchisee's use of the mark on products or materials. This means that if a franchisee's use of the Aerus trademark leads to a legal claim against Aerus, the franchisee is responsible for covering the costs and damages associated with that claim.

The Franchise Agreement also stipulates that franchisees must notify Aerus immediately if they become aware of any infringement or challenges to the use of the Aerus marks. Aerus retains the right to take any action it deems appropriate regarding such infringements or challenges, including controlling any related settlements, litigation, or proceedings. Franchisees are further obligated to execute any documents, provide assistance, and perform any actions that Aerus considers necessary to protect its interests in any litigation or proceeding related to the Aerus marks.

Aerus is not obligated to protect any rights that the franchisee has to use the marks. If Aerus chooses to modify or discontinue the use of any mark, the franchisee must comply with Aerus's directions at their own expense. This highlights that the franchisor maintains control over the trademarks and can make changes to their use, and the franchisee is responsible for adapting to these changes.