What are Aerus franchisees prohibited from doing regarding the operation of the Franchised Business?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
Other than upon our prior written approval, you must not (1) conduct the Franchised Business under any actual or assumed name other than the trade name approved in advance by us, (2) sell to any person or entity that is not an Approved Customer, (3) conduct any aspect of the Franchised Business by, through or over the internet or world wide web, including without limitation, advertising, marketing and solicitation, unless or until we establish an Aerus sponsored program for such conduct by Franchisees and, then, only as part of and in accordance with such program, (4) 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 the Franchise Agreement, the Policies and Procedures, the Manuals and any specific guidelines
imposed by us), (5) unless authorized in advance by us, 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, (6) sell any product or service that is not a Product, or (7) permit any Product to be sold from any physical location other than an Approved Location, by any Person other than your authorized representative or in a manner otherwise inconsistent with the System.
Source: Item 12 — Territory (FDD pages 43–47)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, franchisees face several restrictions regarding how they operate their franchised business. Unless they obtain prior written approval from Aerus, franchisees are prohibited from several activities. These include conducting business under any name other than the trade name approved by Aerus, selling to anyone who isn't an approved customer, or conducting any part of the business over the internet unless it's part of an Aerus-sponsored program. Franchisees also can't use any trade name, trademark, or service mark other than the ones approved by Aerus, and they must follow the terms and conditions outlined in the Franchise Agreement, Policies and Procedures, and Manuals.
Additionally, Aerus franchisees are restricted from advertising or selling any product or service bearing a trade name, trademark, or service mark other than the Marks, unless authorized in advance by Aerus. They cannot sell any product or service that is not an approved Product, and they can't allow any Product to be sold from any physical location other than an Approved Location, except by their authorized representative or in a manner inconsistent with the Aerus system. These restrictions are in place to ensure brand consistency and quality control across all Aerus franchises.
These limitations are typical in franchising, as franchisors like Aerus need to maintain uniformity and protect their brand. Prospective franchisees should carefully review these restrictions to ensure they are comfortable operating within these guidelines. Understanding these limitations is crucial for franchisees to avoid violating the franchise agreement and potentially facing penalties or termination.