How much notice will Aerus provide to a licensee before terminating the Software License for breach of its terms?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
In addition, Licensor may terminate this Software License upon the failure by Licensee to comply with any of the terms and conditions herein, by giving Licensee written notice of termination stating the nature of the breach at least thirty (30) days prior to the effective date of termination; provided that Licensee may avoid termination by
immediately initiating a remedy to cure such default and curing it to Licensor's satisfaction within the thirty (30) day period and by promptly providing proof thereof to Licensor. If any such default is not cured within that time, or such longer period as applicable law may require, this Software License will terminate without further notice to Licensee effective immediately upon expiration of the thirty (30) day period or such longer period as applicable law may require. Paragraphs 3, 4, 5, 6, 7, 10 and 12 through 20 of this Software License will survive termination, cancellation or expiration of the Franchise Agreement and this Software License.
Source: Item 23 — Receipts (FDD pages 74–305)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, Aerus can terminate the Software License if a licensee fails to comply with its terms and conditions. In such cases, Aerus will provide written notice of termination, specifying the nature of the breach, at least thirty (30) days before the termination's effective date.
However, the licensee has an opportunity to avoid termination. If the licensee immediately begins to correct the default and successfully cures it to Aerus's satisfaction within that 30-day period, and provides proof of the correction to Aerus, the termination may be avoided.
If the default remains uncured after the 30-day period, or any longer period required by applicable law, the Software License will terminate immediately upon the expiration of that period, without any further notice from Aerus. Certain paragraphs of the Software License, specifically Paragraphs 3, 4, 5, 6, 7, 10 and 12 through 20, will remain in effect even after the termination, cancellation, or expiration of both the Franchise Agreement and the Software License.