What happens if a person refuses to submit to a disability examination selected by Aerus?

According to Aerus's 2025 Franchise Disclosure Document, if a franchisee or any principal of the franchisee refuses to submit to a disability examination selected by Aerus, they will automatically be deemed permanently disabled as of the date of the refusal. This determination is solely for the purpose of Addendum A, which outlines terms related to disability.

This provision grants Aerus the option to require the interest of the disabled individual to be transferred to a third party within six months after notifying the franchisee. The disability determination is made by a licensed physician selected by Aerus, but the franchisee's refusal to undergo the examination results in an automatic declaration of permanent disability.

This clause has significant implications for prospective Aerus franchisees. Refusal to submit to a medical examination, if requested by Aerus, immediately triggers a permanent disability designation, potentially leading to a forced transfer of the franchisee's interest in the business. Franchisees should carefully consider this provision and understand the circumstances under which Aerus might invoke it, as well as the potential consequences for their ownership and control of the franchise.