Can Aerus modify or change the Marks that the franchisee is permitted to use?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
Company hereby grants to Franchisee a limited non-exclusive right and license to use the Marks in strict accordance and compliance with the terms and conditions of this Agreement, the Policies and Procedures and any specific guidelines Company may impose from time to time.
Company may, at its option from time to time, modify and change the Marks permitted to be used by Franchisee hereunder and the manner in which such of the Marks may be used, including discontinuing the permitted use of any of the Marks.
This license does not permit, and it shall be strictly prohibited for, Franchisee to use or include any of the Marks as a part of Franchisee's legal business name.
All rights and licenses granted pursuant to this Section or otherwise in this Agreement concerning the Marks shall automatically terminate upon the expiration or termination of this Agreement, and Franchisee shall promptly thereafter return to Company any documents, forms, applications, signs, banners, advertisements, marketing information, product specifications, sales literature and other material bearing the Marks.
All rights and goodwill in any of the Marks are the sole and exclusive property of Company and any applicable licensor of Company, and all use of the Marks shall inure to the sole benefit of Company and Company's Affiliates.
Nothing in this Agreement gives Franchisee any right in or to any of the Marks, except as specifically set forth in this Agreement.
Franchisee shall not, for itself or together with any other person or entity, challenge Company's right, title or privilege in or to any of the Marks.
Franchisee acknowledges the value of the Marks and the importance for Company to maintain proper control of the use of the Marks and to protect the Marks from infringement, abuse and misuse.
Source: Item 23 — Receipts (FDD pages 74–305)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, Aerus retains the right to modify or change the marks that a franchisee is permitted to use. Aerus grants franchisees a limited, non-exclusive license to use its marks, but this use must strictly adhere to the franchise agreement's terms, policies, procedures, and any specific guidelines Aerus imposes.
This means that Aerus can, at its discretion, change the marks franchisees are allowed to use, including discontinuing the use of certain marks altogether. This is a fairly standard practice in franchising, as franchisors need to maintain brand consistency and adapt to market changes.
For a prospective Aerus franchisee, this implies a need to stay flexible and adaptable to changes in branding and marketing strategies dictated by Aerus. It also underscores that the franchisee does not own the trademarks and must comply with Aerus's decisions regarding their use. The franchisee is explicitly prohibited from using the marks as part of their legal business name and acknowledges Aerus's exclusive ownership and control of the marks.