If Aerus establishes an Intranet, does the franchisee have the privilege to use it?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
Company may, at its option, establish and maintain an Intranet through which franchisees of Company may communicate with each other, and through which Company and Franchisee may communicate with each other and through which Company may disseminate the Manuals, updates thereto and other Confidential Information.
Company shall have sole discretion and control over all aspects of the Intranet, including the content and functionality thereof.
Company will have no obligation to maintain the Intranet indefinitely, and may dismantle it at any time without liability to Franchisee.
If Company establishes an Intranet, Franchisee shall have the privilege to use the Intranet, subject to Franchisee's strict compliance with the Policies and Procedures that Company may establish from time to time. Franchisee acknowledges that, as administrator of the Intranet, Company can technically access and view any communication that is posted on the Intranet. Franchisee further acknowledges that the Intranet facility and all communications that are posted to it will become Company's property, free of any claims of privacy or privilege that Franchisee or any other person may assert.
Source: Item 23 — Receipts (FDD pages 74–305)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, if Aerus establishes an Intranet, franchisees will have the privilege to use it. However, this privilege is contingent upon the franchisee's strict compliance with the policies and procedures that Aerus may establish from time to time.
Aerus retains sole discretion and control over all aspects of the Intranet, including its content and functionality. Aerus is not obligated to maintain the Intranet indefinitely and can dismantle it at any time without incurring liability to the franchisee.
Furthermore, the franchisee acknowledges that Aerus, as the administrator of the Intranet, has the technical capability to access and view any communication posted on the Intranet. The franchisee also acknowledges that the Intranet facility and all communications posted on it become the property of Aerus, without any claims of privacy or privilege from the franchisee or any other person.