Is the Landlord responsible for expenses or damages arising from Aerus's actions when modifying the Premises?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
Such possession shall not constitute a trespass or any other civic or tort, and Landlord shall not be responsible for any expenses or damages arising from Company's action in connection therewith.
Source: Item 23 — Receipts (FDD pages 74–305)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, the landlord is not responsible for expenses or damages resulting from Aerus's actions if Aerus takes possession of the premises. Specifically, Exhibit I, the Lease Rider, addresses the relationship between the tenant (franchisee), landlord, and Aerus Franchising, LLC.
The Lease Rider states that if Aerus becomes the tenant under the lease, Aerus is authorized to assign or sublet the leased premises to any authorized distributor, franchisee, or affiliate without the landlord's consent, provided such assignment or subletting is subject to the lease terms. This clause gives Aerus considerable flexibility in managing the location should they need to take over the lease.
Furthermore, the Lease Rider explicitly states that if Aerus takes possession, it "shall not constitute a trespass or any other civic or tort, and Landlord shall not be responsible for any expenses or damages arising from Company's action in connection therewith." This provision protects the landlord from liability for any actions Aerus takes related to the property if Aerus assumes control, highlighting the importance of the Lease Rider in defining the responsibilities and liabilities of each party involved.