If a part of the Aerus agreement is deemed invalid, does the rest of the agreement remain in effect?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
| 11. | In all other respects, the Franchise Agreement shall remain in full force and effect | | and remain unchanged. | |
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- Except as expressly modified by this Addendum, the Franchise Agreement remains unmodified and in full force and effect.
This Addendum is being entered into in connection with the Franchise Agreement. In the event of any conflict between this Addendum and the Franchise Agreement, the terms and conditions of this Addendum shall apply.
Source: Item 23 — Receipts (FDD pages 74–305)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, if an addendum is in place, the terms of the addendum will apply in the event of a conflict with the franchise agreement. Furthermore, the franchise agreement remains in effect if there are modifications to the original agreement.
For a prospective Aerus franchisee, this means that the original franchise agreement remains valid even if certain aspects are modified or found to be in conflict with an addendum. This ensures that the core of the agreement remains intact, providing a stable foundation for the franchise relationship.
However, it is important to carefully review any addenda to understand how they might alter the original agreement. Franchisees should pay close attention to any modifications and seek legal counsel if needed to fully understand the implications of these changes.