How can the Aerus Guarantee or any provision be amended, modified, waived or discharged?
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.
A waiver by Lender of any right, power and/or remedy on any one occasion shall not be construed as a bar to or waiver of any such right, power and/or remedy which Lender would otherwise have on any future occasion, whether similar in kind or otherwise.
Source: Item 23 — Receipts (FDD pages 74–305)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, neither the Guarantee nor any provision within it can be amended, modified, waived, or discharged through oral agreements or conduct. Any changes must be formalized through a written agreement. This written agreement must be signed by an authorized officer of Aerus Franchising, LLC, the Lender.
Furthermore, Aerus's failure or delay to exercise its rights or remedies does not imply a waiver of those rights unless the waiver is explicitly stated in writing and signed by an authorized officer. Any waiver is only enforceable to the extent specifically outlined in the written agreement.
A waiver on one occasion does not prevent Aerus from enforcing that right, power, or remedy in the future, regardless of whether the situation is similar or different. This ensures that Aerus retains its rights and remedies under the Guarantee unless explicitly waived in writing.