If an individual signs the Aerus Franchise Agreement, what role will they assume?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
provisions of this Agreement.
A G R E E M E N T
NOW, THEREFORE, for and in consideration of the foregoing premises and the promises set forth below and other good and valuable consideration, the receipt, sufficiency and adequacy of which are hereby acknowledged and confirmed, the parties agree as follows:
1. Grant of Franchise Rights.
- A. Company hereby grants to Franchisee the right and license, and Franchisee hereby accepts the right and obligation, to establish and operate the Franchised Business (under the Associate Program) upon and subject to the terms, conditions and provisions of this Agreement. Franchisee agrees and acknowledges that Franchisee shall have the right to offer and sell the Products only to Approved Customers within the area identified as the Area of Responsibility in Schedule 1, attached hereto (the "Area of Responsibility"), all in accordance with the terms, conditions and provisions of this Agreement and the Manuals, including the Policies and Procedures. Except as otherwise provided herein, such offers and sales may only be made through the Approved Location or from in-home or in-person demonstrations conducted within the Area of Responsibility. Nothing herein shall be construed to grant the right to Franchisee to offer and sell the Beyond Products.
- B. Subject to Company's prior approval, the Franchised Business shall be identified and operated by Franchisee only under the assumed name (the "Approved Name") "Aerus"
(including such qualifiers and descriptions as may be set or approved by Company from time to time so as to geographically or otherwise distinguish one franchise from another), including the hanging of an approved exterior sign bearing such trade name; provided, that Company shall be permitted at any time and from time to time after the date of this Agreement, upon written notice, to alter or change the assumed name under which the Franchised Business shall be identified and operated. Franchisee shall, at its expense, make all county and state assumed name filings required by law (including any filings made necessary by a change in required trade names pursuant hereto) and provide evidence of such filing to Company.
C. The Franchised Business shall be operated from the Approved Location and from no other physical location, except as may be permitted by Company in writing at its sole option. Franchisee shall cause any premises lease covering the Approved Location to include a lease rider in a form substantially similar to the form attached hereto as Exhibit I.
D. Intentionally Omitted.
- E.
Source: Item 15 — Obligation to Participate in the Actual Operation of the Franchise Business (FDD pages 53–54)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, when an individual signs the Franchise Agreement, they assume the role of 'Franchisee.' As a franchisee, they are granted the right and license, and simultaneously accept the right and obligation, to establish and operate the Franchised Business under either the Standard Program or the Associate Program, depending on the agreement. This operation is subject to the terms, conditions, and provisions outlined in the Franchise Agreement.
The Aerus franchisee has the right to offer and sell products only to approved customers within a designated 'Area of Responsibility,' as detailed in Schedule 1 of the agreement. These sales must comply with the terms and conditions of the agreement and the manuals, including all policies and procedures. Sales and offers are generally conducted through an approved location or via in-home or in-person demonstrations within the franchisee's Area of Responsibility.
The franchisee must operate the business under the approved name 'Aerus,' including any qualifiers or descriptions set or approved by the company. The franchisee is responsible for making all necessary county and state assumed name filings and providing evidence of such filings to Aerus. The franchised business must operate from one or more approved locations, unless otherwise permitted in writing by Aerus. The franchisee is also responsible for including a lease rider, in a form substantially similar to Exhibit I, in any premises lease covering an approved location.
It is important to note that the rights granted to the franchisee are specifically for the operation of the franchised business as defined in the agreement. The franchisee does not gain any rights to any other business or system owned, operated, or licensed by Aerus or its affiliates. Aerus retains all rights not expressly granted to the franchisee and reserves the right to introduce new products and services under the system, potentially requiring the franchisee to execute additional agreements and pay royalties.