How many days does an Aerus franchisee have to cure a non-monetary breach after receiving notification?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
K. In the event of a breach of this Agreement by Company that is not cured by Company within 30 days following written notice from Franchisee (or such longer period as may be reasonable if the necessary cure is not capable of being completed within 30 days), Franchisee's sole and exclusive remedy shall be to terminate this Agreement upon written notice to Company. In no event shall Company be liable or responsible for any exemplary, indirect, consequential or other damages for any reason hereunder, and in no event shall damages payable by Company exceed the aggregate Standard Allocation paid by Franchisee to Company during the six (6) month period preceding the termination of this Agreement.5
Source: Item 23 — Receipts (FDD pages 74–305)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, if Aerus breaches the agreement, the franchisee must provide written notice, and Aerus then has 30 days to cure the breach. However, if the cure cannot be completed within 30 days, Aerus is allowed a longer period if reasonable. If Aerus fails to cure the breach within the specified time, the franchisee's sole remedy is to terminate the agreement by providing written notice to Aerus.
This means that if Aerus violates the franchise agreement in a way that doesn't involve money, such as failing to provide adequate support or infringing on the franchisee's territory, the franchisee must first inform Aerus in writing. Aerus then has a 30-day window to fix the problem. If the issue is complex and requires more than 30 days to resolve, Aerus is granted a reasonable extension, provided they are actively working towards a solution.
It is important to note that if Aerus fails to cure the breach, the franchisee's only recourse is to end the franchise agreement. The document explicitly states that Aerus will not be liable for any exemplary, indirect, consequential, or other damages, and any damages payable by Aerus will not exceed the aggregate Standard Allocation paid by the franchisee to Aerus during the six months before termination. This limitation of remedies is a significant factor for potential franchisees to consider.