If Aerus elects to cure a default and assume the lease, how long does Aerus have to cure the default?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
In the event of Tenant's default under the terms of the Lease, Company may, but is not required to, cure the default and may assume the lease in Company's name.
If Company elects to cure the default and assume the Lease, Company shall, within thirty (30) days after Company receives notice of the default, notify Landlord of its intent to cure such default and to assume the Lease.
Company shall cure the default within thirty (30) days of such election or, if the default cannot be reasonably cured within such thirty (30) day period, then Company shall commence and proceed to cure the default within such time as is reasonably necessary to cure the default.
Source: Item 23 — Receipts (FDD pages 74–305)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, if a franchisee defaults on their lease, Aerus has the option to step in and cure the default, assuming the lease in its own name. If Aerus chooses to do so, it must first notify the landlord of its intent within thirty days of receiving notice of the default.
After electing to cure the default, Aerus has thirty days to complete the cure. However, if the default cannot be reasonably resolved within that initial thirty-day window, Aerus is required to commence and diligently continue the curing process until the default is resolved.
This clause protects Aerus by allowing them to maintain control of the business location, which is critical for the franchise's ongoing operations and brand consistency. For a prospective franchisee, this means that in the event of financial difficulties leading to a lease default, Aerus might intervene to stabilize the business rather than allowing it to fail, although Aerus is not required to do so.