Is Aerus liable under the lease before the lease is assigned to or assumed by Aerus?

According to Aerus's 2025 Franchise Disclosure Document, Aerus is not liable under the lease agreement until the lease is officially assigned to or assumed by Aerus. The lease agreement is between the tenant (franchisee) and the landlord. Aerus includes a lease rider as part of the franchise agreement, which clarifies Aerus's role and potential involvement in the lease.

Specifically, the lease rider states that Aerus is not a party to the lease and therefore has no liability unless and until the lease is assigned to or assumed by them. This means that the franchisee is solely responsible for all obligations under the lease, such as rent payments and property maintenance, until Aerus takes over the lease.

However, the document also states that in the event of the franchisee's default, Aerus has the option, but not the obligation, to cure the default and assume the lease. If Aerus chooses to do so, they must notify the landlord within thirty days of receiving notice of the default and then proceed to cure the default within a reasonable timeframe. Once Aerus assumes the lease, they become the tenant and are responsible for all obligations under the lease. This arrangement protects Aerus from being automatically liable for the franchisee's lease obligations while providing a mechanism for Aerus to take control of the premises if necessary, such as in the event of a franchisee default or termination of the franchise agreement.