Can Aerus modify the Marks that the franchisee is permitted to use?

According to Aerus's 2025 Franchise Disclosure Document, Aerus retains the right to modify the trademarks (or "Marks") that a franchisee is allowed to use. Aerus has the option to change these Marks and the manner in which they are used at any time. This includes the right to discontinue the use of any of the Marks altogether.

This provision grants Aerus significant control over its brand and image. It allows Aerus to update its branding, respond to market changes, or address any legal concerns related to its trademarks. For a franchisee, this means that the specific logos, names, and other branding elements they use in their Aerus business could change during the term of their franchise agreement.

While Aerus has the right to modify the Marks, the franchisee is obligated to comply with these changes. The franchisee must strictly adhere to the terms and conditions of the franchise agreement, policies and procedures, and any specific guidelines imposed by Aerus regarding the use of the Marks. Upon termination of the franchise agreement, the franchisee must return all materials bearing the Marks to Aerus. This ensures that the franchisee does not continue to use the brand's intellectual property after the agreement ends and protects Aerus's rights to its Marks.

This level of franchisor control over branding is common in franchising. It ensures consistency across all franchise locations and allows the franchisor to maintain and evolve the brand's identity. However, it also means that franchisees must be prepared to adapt to changes in branding and marketing strategies as directed by Aerus.