What is the name of the agreement being executed simultaneously with the Aerus Franchise Agreement?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
arties, the facsimile signed Lease Rider shall remain fully binding and effective for all purposes.
[SIGNATURES ON THE FOLLOWING PAGE]
[If an entity]: , a Date of Execution: [If an individual]: Date of Execution: LANDLORD: Date of Execution:
EXHIBIT II
FORM OF SOFTWARE LICENSE AGREEMENT
THIS SOFTWARE LICENSE AGREEMENT (this "Software License"), is being entered into simultaneously with that certain Franchise Agreement (the "Franchise Agreement") dated of even date herewith (the "Effective Date") by and between Aerus Franchising, LLC, a Delaware limited liability company, having offices at 14841 Dallas Parkway, Suite 500, Dallas, Texas 75254 ("Licensor") and the individual or entity executing this Agreement as Licensee ("Licensee"). All capitalized terms used herein that are not otherwise defined have the meanings assigned to such terms in the Franchise Agreement.
WITNESSETH:
WHEREAS, in connection with Licensee's execution of the Franchise Agreement and the software licenses provided for therein, Licensor and Licensee desire to execute this Software License in order to evidence the specific terms and conditions of such license;
NOW, THEREFORE, for and in consideration of the premises and promises set forth herein and in the Franchise Agreement, and other good and valuable consideration, the receipt, sufficiency and adequacy of which are hereby acknowledged, Licensor and Licensee agree as follows:
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- Licensor hereby grants to Licensee a nonexclusive, nonassignable license to use the computer programs (including all revisions, modifications and enhancements thereto), in object code form (the "Software"), together with their related user and operating documentation, if any (the "Documentation") from time to time made available to Licensee under the Franchise Agreement. Licensee must provide, at Licensee's sole expense, the hardware, software and Internet or telecommunication connections meeting or exceeding the minimum operating specifications for the Software, as Licensor determines from time to time.
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- Licensee must use the Software and the Documentation only in the operation of Licensee's Franchised Business at the Approved Locations.
Source: Item 23 — Receipts (FDD pages 74–305)
What This Means (2025 FDD)
According to the 2025 Aerus Franchise Disclosure Document, several agreements are executed simultaneously with the Franchise Agreement. These include the Software License Agreement, the Consigned Products Security Agreement, and the Security Agreement. Additionally, if the franchisee is participating in the BEYOND program, a BEYOND Program Addendum to the Franchise Agreement is also executed at the same time.
For a prospective Aerus franchisee, this means that in addition to the standard Franchise Agreement, they will also be entering into other legally binding contracts that govern specific aspects of the franchise relationship. The Software License Agreement likely outlines the terms and conditions for using any proprietary software provided by Aerus. The Consigned Products Security Agreement probably deals with the handling and security of any products that Aerus provides on consignment, meaning the franchisee doesn't purchase them outright but rather sells them on Aerus's behalf.
The Security Agreement likely outlines the security interest Aerus has in the franchisee's assets to secure any financing provided by Aerus. Finally, the BEYOND Program Addendum would specify the additional terms and conditions for franchisees participating in Aerus's BEYOND program.
It is important for potential franchisees to carefully review each of these agreements with legal counsel to fully understand their rights and obligations before signing the Franchise Agreement. Understanding the terms of each agreement is crucial for a successful and compliant franchise operation.