Can the Aerus Guarantee be amended orally?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
Neither this Guarantee nor any provision hereof shall be amended, modified, waived or discharged orally or by course of conduct, but only by a written agreement signed by an authorized officer of Lender.
Lender shall not by any act, delay, omission or otherwise be deemed to have expressly or impliedly waived any of its rights, powers and/or remedies unless such waiver shall be in writing and signed by an authorized officer of Lender.
Any such waiver shall be enforceable only to the extent specifically set forth therein.
Source: Item 23 — Receipts (FDD pages 74–305)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, the Guarantee agreement cannot be amended, modified, waived, or discharged orally or through a course of conduct. Any changes must be made through a written agreement signed by an authorized officer of Aerus. This requirement ensures that all modifications to the Guarantee are documented and agreed upon in writing, preventing potential misunderstandings or disputes.
This provision protects both the franchisee and Aerus by providing a clear record of any changes to the original agreement. It prevents either party from claiming that an oral agreement or a pattern of behavior altered the terms of the Guarantee. The written amendment must be signed by an authorized officer of Aerus to be valid, ensuring that the changes are approved by someone with the authority to bind the company.
This type of clause is standard in franchise agreements to maintain clarity and enforceability. Prospective Aerus franchisees should be aware that any discussions or promises made that are not reflected in a written amendment to the Guarantee will not be legally binding. It is crucial to ensure that all agreed-upon changes are properly documented and signed by an authorized Aerus officer to avoid future disputes.