If Aerus changes its policy on public figures, how will franchisees be notified?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
rus" Mark.
We have developed a distinctive and proprietary system (the "System") for establishing and operating businesses that offer and sell the Products. The distinguishing characteristics of the System include, among other things: identification by the Marks; distinctive exterior and interior design, decor, color scheme and furnishings, fixtures and other trade dress elements; proprietary products; standards, specifications, policies and procedures for construction, management and operations; quality, distinctiveness and uniformity of products and services; standards, specifications, procedures and automated, software driven administrative systems for customer, lead, inventory, sales and financial management and control; sales, recruiting and lead generation programs; training and assistance; and advertising and promotional programs all as are more
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particularly described and designated in the Manuals (as defined below) and all of which we may change, improve, and further develop at our sole option from time to time.
"Manuals" refer to our confidential operations manuals, including the Policies and Procedures, and other manuals and written materials (including electronically stored or communicated materials) developed by us for use in the operation of Aerus Businesses. Our "Policies and Procedures" include those policies, procedures, practices, rules and regulations developed by us for use in the operation of Aerus Businesses. We refer to businesses which operate under the Standard and Associate Programs (each defined below) as "Aerus Businesses," and to the specific business that you will operate as the "Franchised Business."
The Franchise 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 retail locations, service centers, recruiting and training centers (each, an "Approved Location"), and (iv) they operate in accordance with the System.
Source: Item 18 — Public Figures (FDD page 60)
What This Means (2025 FDD)
Based on the 2025 Aerus Franchise Disclosure Document, Aerus communicates updates and changes to franchisees primarily through the Manuals, which include the Policies and Procedures. These Manuals contain the standards, specifications, policies, and procedures for operating an Aerus Business. Aerus retains the right to change, improve, and further develop these manuals at its sole discretion.
Aerus may also use an Intranet to communicate with franchisees. If Aerus establishes an Intranet, franchisees can use it to communicate with each other and with Aerus. Aerus can disseminate the Manuals, updates, and other confidential information through the Intranet. However, Aerus has sole control over the Intranet's content and functionality and is not obligated to maintain it indefinitely.
For advertising and marketing materials, franchisees must submit samples to Aerus for approval before use. Aerus will notify the franchisee of its approval within 15 days of receipt. Franchisees must advertise in the manner designated by Aerus in the Manuals or in writing, using approved formats. Therefore, any changes to policies regarding public figures would likely be communicated through updates to the Manuals, written notices, or the Intranet, and would need to be reflected in any advertising materials submitted for approval.