For Aerus franchisees in Wisconsin, how many days do they have to cure a deficiency if the reason for termination, cancellation, or substantial change in competitive circumstances is nonpayment of sums due under the franchise?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
For all franchisees residing in the State of Wisconsin, we will provide you at least 90 days' prior written notice of termination, cancellation or substantial change in competitive circumstances. The notice will state all the reasons for termination, cancellation or substantial change in competitive circumstances and will provide that you have 60 days in which to cure any claimed deficiency. If this deficiency is cured within 60 days, the notice will be void. If the reason for termination, cancellation or substantial change in competitive circumstances is nonpayment of sums due under the franchise, you will have 10 days to cure the deficiency.
For Wisconsin franchisees, Ch. 135, Stats., the Wisconsin Fair Dealership Law, supersedes any provisions of the Franchise Agreement or a related contract which is inconsistent with the Law.
Source: Item 23 — Receipts (FDD pages 74–305)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, Wisconsin franchisees have specific rights and cure periods governed by Wisconsin state laws. For Aerus franchisees residing in Wisconsin, if the reason for termination, cancellation, or substantial change in competitive circumstances is due to nonpayment of sums, the franchisee has only 10 days to cure the deficiency after receiving written notice.
This is a shorter cure period compared to the standard 60 days provided for other types of deficiencies. This means that prompt payment is critical for Aerus franchisees in Wisconsin to avoid termination or other adverse actions. The Wisconsin Fair Dealership Law supersedes any conflicting provisions in the Franchise Agreement, ensuring that Wisconsin franchisees receive the protections mandated by state law.
Prospective Aerus franchisees in Wisconsin should be aware of these specific regulations and ensure they understand their obligations regarding timely payments. They should also consult with a legal professional to fully understand their rights and responsibilities under both the franchise agreement and Wisconsin law.