If the Aerus tenant assigns the lease to Aerus, can the landlord impose an assignment fee?

According to Aerus's 2025 Franchise Disclosure Document, if Aerus becomes the tenant under the lease, Aerus is expressly authorized to assign or sublet the leased premises without the landlord's consent. This assignment or subletting must be specifically subject to the terms of the lease. Aerus also has the right to assign the lease to a financial institution for collateral purposes in connection with any financing transaction.

This clause is included in a Lease Rider that is part of the lease agreement between the tenant (franchisee) and the landlord. The Lease Rider also states that the tenant and landlord cannot assign the lease, renew, extend, or cancel the term without Aerus's prior written consent. Furthermore, they cannot amend or modify the lease in any way that could materially affect the requirements outlined in the Lease Rider without Aerus's prior written consent.

This Lease Rider is prepared for the benefit of Aerus, making Aerus a third-party beneficiary, allowing them to enforce any and all provisions of the rider, either with or independently of the tenant. The terms of the Lease Rider supersede any conflicting terms in the original lease, ensuring Aerus's rights are protected. This arrangement gives Aerus significant control over the lease and the ability to ensure the franchise location remains operational under an approved operator, even if the original franchisee is no longer involved.