Must an Aerus franchisee submit advertising and promotional materials for approval before use?
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).
We are not obligated to spend any amount on advertising in your Area of Responsibility. We may in the future establish a System Media Fund (the "System Media Fund"). If we establish the System Media Fund, you (and other franchisees with your franchise program) would be required to contribute up to 3% of Gross Sales to the System Media Fund. (Franchise Agreement, Addendum B). In addition:
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 must submit all advertising and promotional materials for approval before use. Franchisees are expected to make commercially reasonable efforts to advertise and promote their franchised business within their Area of Responsibility, and they must spend at least the Minimum Local Advertising Fee. Aerus also specifies that franchisees cannot place advertisements or promotional material outside of their designated Area of Responsibility, and they are restricted from conducting any national or international advertising, including most internet advertising, without written approval from Aerus.
Aerus retains control over the manner in which franchisees advertise, requiring them to adhere to the formats approved by Aerus in advance. Aerus has the option to mandate that all advertising be placed either by Aerus itself or by a third party designated by Aerus, with the franchisee bearing the expense.
Aerus may establish a System Media Fund in the future, which would require franchisees to contribute up to 3% of Gross Sales. If a System Media Fund is established, Aerus has the right to direct all advertising programs. This fund is intended to enhance public recognition of Aerus's Marks and Programs, and Aerus is not obligated to ensure that expenditures benefit each franchisee proportionally to their contribution or to spend specific amounts in a franchisee's Area of Responsibility.