If there are conflicting terms regarding notice of termination or changes in dealership between the Aerus Franchise Agreement and Section 135.04 of the Wisconsin Fair Dealership Law, which law prevails?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
To the extent any of the provisions regarding notice of termination or change in dealership are in conflict with Section 135.04 of the Wisconsin Fair Dealership Law, the Wisconsin law shall apply.
Source: Item 23 — Receipts (FDD pages 74–305)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, for franchisees residing in Wisconsin, Section 135.04 of the Wisconsin Fair Dealership Law takes precedence over any conflicting terms in the Aerus Franchise Agreement regarding notice of termination or changes in the dealership. This means that if there's a discrepancy between what the franchise agreement says and what the Wisconsin Fair Dealership Law states, the Wisconsin law will be the governing standard.
Aerus franchisees in Wisconsin are entitled to certain protections under the Wisconsin Fair Dealership Law. Aerus is required to provide at least 90 days' prior written notice of termination, cancellation, or substantial change in competitive circumstances. This notice must include all the reasons for the action and allow the franchisee 60 days to cure any deficiency, unless the reason is nonpayment, in which case the cure period is 10 days.
This addendum to the franchise agreement ensures that Aerus franchisees in Wisconsin receive the full protection of Wisconsin state law. Prospective franchisees should carefully review both the franchise agreement and the Wisconsin Fair Dealership Law to understand their rights and obligations.