What methods can Aerus use to give notice to the consignee under the agreement?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
y shall be permitted to assign this Agreement at any time and from time to time; provided, however, no such assignment will be made by Company except to an assignee who, in Company's good faith judgment, is willing and able to assume Company's obligations under this Agreement.
-
- Notice. All notices required hereunder shall be in writing and shall be deemed sufficiently given for all purposes hereunder if (A) delivered personally or by United States certified mail, return receipt requested, (B) sent by documented, overnight delivery service, or, (C) to the extent receipt is confirmed, telecopy, facsimile or other electronic transmission service to the appropriate address or facsimile number set forth below:
10 This liquidated damages clause does not apply to franchises in the State of Minnesota or the State of North Dakota.
Notices to Franchisee shall be addressed to the Franchisee at the address set forth in Schedule 1, attached hereto.
Source: Item 23 — Receipts (FDD pages 74–305)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, all notices required under the agreement must be in writing. Aerus may deliver these notices to the franchisee through the following methods: (A) personal delivery or by United States certified mail, return receipt requested, (B) documented, overnight delivery service, or (C) confirmed telecopy, facsimile, or other electronic transmission service.
The notice to the franchisee must be addressed to the address set forth in Schedule 1 of the agreement. Notices to Aerus should be addressed to the company's headquarters in Dallas, Texas, with an additional copy sent to the attention of the Legal Department.
Notice is deemed given upon receipt for personal delivery, facsimile, or electronic transmission. If using an overnight courier, notice is considered given one day after deposit. For notices sent through the United States mail system, notice is deemed given four days after deposit. It is important for prospective franchisees to understand these timelines, as they can impact deadlines and obligations under the agreement.