What is the minimum advance notice required when requesting Aerus's consent for a transfer?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee shall not directly or indirectly Transfer or assign, nor attempt to Transfer or assign, this Agreement, or any right or obligation hereunder, without the prior written consent of Company; provided, that a principal or equity holder in Franchisee may be permitted to transfer an interest in Franchisee pursuant to the provisions set forth in Addendum C attached hereto.
Company 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.
Notices to Company shall be addressed to:
Aerus Franchising, LLC 14841 Dallas Parkway, Suite 500 Dallas, Texas 75254 Attention: President
Facsimile No.: 214-378-4075 11
With copy by the same means to:
Aerus LLC 14841 Dallas Parkway, Suite 500 Dallas, Texas 75254 Attention: Legal Department
Facsimile No.: 214-378-4076
Or at such other address and to the attention of such other person as either party may designated by written notice to the other in accordance with this Section. Notice shall be deemed given upon receipt in the case of personal delivery and facsimile or electronic transmission, one day after deposit with an overnight courier and four (4) days after deposited in the United States mail system.
Source: Item 23 — Receipts (FDD pages 74–305)
What This Means (2025 FDD)
The 2025 Aerus Franchise Disclosure Document states that a franchisee cannot directly or indirectly transfer the agreement without Aerus's prior written consent. However, the document does not specify a minimum advance notice period that a franchisee must provide to Aerus when requesting consent for a transfer.
Item 20 discusses notice requirements in general, stating that all notices must be in writing. It details how notices are deemed to be given based on the delivery method: upon receipt for personal delivery and electronic transmission, one day after deposit with an overnight courier, and four days after deposit in the U.S. mail system. However, this section pertains to general notices required under the agreement and does not specify a timeframe for transfer requests.
To fully understand the requirements for transferring an Aerus franchise, a prospective franchisee should ask Aerus for clarification on the specific advance notice period required when seeking consent for a transfer. This information is crucial for planning purposes and ensuring compliance with the franchise agreement.