Can Aerus modify the marks permitted to be used by franchisees?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
affiliates against any claim resulting from your use of the mark on products or materials.
The Franchise Agreement grants to you a limited non-exclusive right and license to use the Marks in strict accordance and compliance with the terms and conditions of the Franchise Agreement and the Manuals, including the Policies and Procedures and any specific guidelines We may impose from time to time. We may, at our option from time to time, modify and change the Marks permitted to be used by you 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 will be strictly prohibited for, you to use or include any of the Marks as a part of your legal business name. All rights and licenses granted concerning the Marks will automatically terminate upon the expiration or termination of the Franchise Agreement and you must promptly thereafter return to us 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 us and our applicable licensor, if any, and all use of the Marks will inure to the sole benefit of us and our affiliates. Nothing in the Franchise Agreement or the Beyond Addendum gives you any right in or to any of the Marks, except as specifically provided in the Franchise Agreement or Beyond Addendum. You must not, for yourself or together with any other person or entity, challenge our right, title or privilege in or to any of the Marks.
You must notify us immediately by telephone, and thereafter in writing, of any apparent infringement of or challenge to your use of any of the Marks or of any claim by any person of any rights in any of the Marks.
Source: Item 13 — Trademarks (FDD pages 47–51)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, Aerus retains the right to modify the trademarks that franchisees are permitted to use. Specifically, Aerus has the option to change the marks and the manner in which they are used, including discontinuing the use of any of the marks altogether. This is in accordance with the terms and conditions outlined in the Franchise Agreement and the Manuals, which include Policies and Procedures and any specific guidelines Aerus may impose.
This provision grants Aerus significant control over its brand and image. For a franchisee, this means that the trademarks they initially license could be altered or revoked during the term of their agreement. Aerus is not obligated to protect any rights the franchisee has to use the marks and the franchisee must comply with Aerus's directions at their own expense if Aerus chooses to modify or discontinue any mark.
It is fairly common in franchising for the franchisor to retain control over its trademarks and brand standards. This allows the franchisor to maintain consistency across all franchise locations and adapt to changing market conditions or legal requirements. However, it's important for a prospective Aerus franchisee to understand the potential impact of these changes on their business, including the costs associated with updating signage, marketing materials, and other branded items if the marks are modified or discontinued. Franchisees should also be aware that all rights and licenses to the marks automatically terminate upon expiration or termination of the Franchise Agreement, requiring the franchisee to return all materials bearing the marks.