How must Aerus franchisees incorporate the Marks in their advertising?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
h, permit 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. Notwithstanding the foregoing and without limiting the generality of the provisions contained in this Section, Franchisee acknowledges that Company and its Affiliates and existing franchisees, distributors and licensees operate existing businesses and systems, and may in the future establish and operate new businesses and systems, including Aerus Businesses, under the same and other assumed names, trade names and trademarks as the Marks, which businesses and systems may offer or sell products and services similar or identical to the Products, and may do so (or grant licenses or franchises for third-parties to do so) within any part of the Area of Responsibility (except as limited by the rights granted hereunder). The right granted under this Agreement is only for the operation of the Franchised Business in accordance with this Agreement. Franchisee is granted no rights of any kind in and to any other business or system that may now or hereafter be owned, operated or licensed by Company or any of its Affiliates. Company and Company's Affiliates retain all rights not expressly granted herein. Company reserves the right to provide new products and services under the System, and to require or permit new products and services to be provided, marketed, promoted, distributed or sold hereunder by Franchisee through the Franchised Business, and may, in connection therewith, without limitation (1) require Franchisee to execute an additional or supplemental agreement and (2) require the payment of a royalty.
I. If not an existing Aerus Business, Franchisee shall open the Franchised Business at an Approved Location not later than the Opening Date. Company will identify any modifications or improvements to the premises of the Franchised Business, if any, which Franchisee shall make, at Franchisee's expense, prior to the Opening Date, or within such time period ending after the Opening Date as Company may designate in writing.
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- Term. Unless sooner terminated as provided herein, the duration of the initial term (the "Initial Term") and the renewal term (the "Renewal Term") will be as stated in Schedule 1 attached hereto, which, collectively, shall constitute the "Term" of this Agreement.
Source: Item 23 — Receipts (FDD pages 74–305)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, franchisees must adhere to specific guidelines when using the company's trademarks, referred to as "the Marks," in their advertising and business operations. Aerus franchisees are explicitly restricted from using any trade name, trademark, or service mark other than the Marks in connection with their franchised business. This requirement extends to all aspects of the business, including advertising and the sale of products or services. The use of the Marks must strictly adhere to the terms and conditions outlined in the Franchise Agreement, Policies and Procedures, the Manuals, and any specific guidelines imposed by Aerus. This ensures brand consistency and uniformity across all Aerus franchises.
Aerus requires that all advertising and marketing efforts undertaken by franchisees comply with the standards, specifications, and procedures detailed in the Franchise Agreement and the Manuals. Franchisees are obligated to submit samples of all advertising materials to Aerus for written approval before they can be used. Furthermore, franchisees must immediately cease using any advertising materials that Aerus subsequently disapproves. This approval process allows Aerus to maintain control over its brand image and ensure that all advertising aligns with its overall marketing strategy.
Aerus also dictates the manner in which franchisees must advertise, specifying that advertising should be conducted in formats or templates approved in advance by the company. Aerus retains the right to mandate that all advertising be placed by the company itself or a third party designated by Aerus, with the franchisee bearing the expense. Additionally, Aerus has the authority to determine the size, form, and content of advertising, and may require franchisees to include listings that identify other Aerus businesses in addition to their own. These measures enable Aerus to coordinate advertising efforts and promote a unified brand presence across its franchise network.
In addition to adhering to Aerus's advertising guidelines, franchisees are required to invest a Minimum Local Advertising Expense each year on local advertising, public relations, and promotion within their Area of Responsibility. Franchisees must provide Aerus with an accurate accounting of these expenditures, in a form and content satisfactory to the company, upon request. Aerus also reserves the right to assess franchisees for contributions to the System Media Fund, which is designed to facilitate media market spending that benefits the entire Aerus system. These financial obligations ensure that franchisees actively participate in promoting the Aerus brand at both the local and system-wide levels.