Can an Aerus franchisee sell products or services that are not Products?
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.
Source: Item 23 — Receipts (FDD pages 74–305)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, franchisees are generally prohibited from selling products or services that are not designated as "Products" by Aerus. Specifically, without prior written approval from Aerus, a franchisee cannot advertise or sell any product or service from the Approved Location or through the Franchised Business bearing any trade name, trademark, or service mark other than the Marks, or sell any product or service that is not a Product. This restriction is in place to ensure brand consistency and adherence to the Aerus system.
This restriction has significant implications for prospective franchisees. It limits their ability to diversify their offerings or respond to local market demands with non-approved products or services. Franchisees must rely on Aerus to introduce new products and services and cannot independently supplement their revenue streams. However, Aerus retains the right to introduce new products and services under the System, and may require or permit these to be provided, marketed, distributed, or sold by the franchisee, potentially requiring an additional agreement and royalty payments.
Aerus does grant rights to sell "Beyond Products" to qualified franchisees operating under the Standard Program and Associate Program, but only through an addendum to their franchise agreement. This suggests a limited exception to the general rule, but it is contingent on meeting specific criteria and obtaining additional permissions from Aerus. Franchisees should inquire about the requirements for obtaining a Beyond Addendum and the types of products that qualify as Beyond Products.
In summary, while Aerus franchisees are primarily restricted to selling approved Products, there may be opportunities to sell "Beyond Products" with the appropriate permissions. Prospective franchisees should carefully consider these restrictions and opportunities when evaluating the Aerus franchise opportunity and discuss any potential product or service expansions with Aerus during their due diligence process.