Does the Aerus franchisor determine which Marks and elements of the System the franchisee can use?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
ise Offered**
We grant to third parties the license and right to operate under 1 of 2 franchise programs, known as (i) the standard franchise program (the "Standard Program") and (ii) the associate franchise program (the "Associate Program"); each of which offer and sell certain of the Products, are identified by certain of the Marks and use certain elements of the System, all as determined from time to time by us.
The type of businesses operated under each of these programs possess each of the four following characteristics: (i) they are identified by the Marks, (ii) they are primarily engaged in the offer and sale of the Products, to either (a) non-commercial, residential buyers of the Products, or (b) commercial buyers who are not designated in the Manuals as "national accounts" and who are not engaged, and not anticipated to be engaged, in the sale of any cleaning, purification, health improvement or other consumer products or services, who, in either case, are purchasing the Products for such customer's use or consumption and not for re-sale ("Approved Customers"), (iii) they operate from one or more pre-authorized physical locations that serve as re
Source: Item 1 — The Franchisor and any Parents, Predecessors, and Affiliates (FDD pages 9–15)
What This Means (2025 FDD)
According to the 2025 Aerus Franchise Disclosure Document, Aerus determines which Marks and elements of the System the franchisee is allowed to use. Aerus grants franchisees a limited license to use specific Marks and System elements designated for their use, based on the chosen franchise program. Franchisees must also adhere to the standards, specifications, and directives outlined in the Aerus manuals.
Aerus offers two franchise programs: the Standard Program and the Associate Program. The specific Marks and System elements a franchisee can use will depend on which program they choose. This means that not all franchisees will have the same rights or access to all of Aerus's intellectual property or operational methods.
This approach allows Aerus to maintain control over its brand and ensure consistency across its franchise network. It also enables Aerus to tailor the franchise offering to different business models or market segments. Prospective franchisees should carefully consider which program best suits their business goals and understand the limitations on the use of Aerus's Marks and System elements associated with each program.