If an individual signs the Aerus Franchise Agreement, what role will that individual assume?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
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 Standard 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 one or more Approved Locations 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 an Approved Location to include a lease rider in a form substantially similar to the form attached hereto as Exhibit I.
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. This operation must adhere to the terms, conditions, and provisions outlined in the Franchise Agreement.
As an Aerus franchisee, the individual has the right to offer and sell products exclusively to approved customers within a designated 'Area of Responsibility,' as detailed in Schedule 1 of the agreement. These sales and offers must comply with the manuals and policies of Aerus. Sales are typically conducted through an approved location or via in-home or in-person demonstrations within the franchisee's designated area. However, the agreement specifies that franchisees do not have the right to offer or sell 'Beyond Products'.
The Aerus franchised business must operate under the approved name, 'Aerus,' potentially including qualifiers to differentiate franchises geographically. The franchisee is responsible for making all necessary county and state assumed name filings and providing evidence of such filings to Aerus. The business must operate from one or more approved locations, unless written permission is granted by Aerus to operate from other locations. The franchisee is also responsible for ensuring that any premises lease includes a lease rider in a form substantially similar to the one attached as Exhibit I in the Franchise Agreement.