Who owns the rights and goodwill associated with the Aerus Marks?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
- H.
Notwithstanding the foregoing and without limiting the generality of the provisions contained in this Section, Franchisee acknowledges that Company and its Affiliates and existing franchisees, distributors and licensees operate existing businesses and systems, and may in the future establish and operate new businesses and systems, including Aerus Businesses, under the same and other assumed names, trade names and trademarks as the Marks, which businesses and systems may offer or sell products and services similar or identical to the Products, and may do so (or grant licenses or franchises for third-parties to do so) within any part of the Area of Responsibility (except as limited by the rights granted hereunder).
The right granted under this Agreement is only for the operation of the Franchised Business in accordance with this Agreement.
Franchisee is granted no rights of any kind in and to any other business or system that may now or hereafter be owned, operated or licensed by Company or any of its Affiliates.
Company and Company's Affiliates retain all rights not expressly granted herein.
Company reserves the right to provide new products and services under the System, and to require or permit new products and services to be provided, marketed, promoted, distributed or sold hereunder by Franchisee through the Franchised Business, and may, in connection therewith, without limitation (1) require Franchisee to execute an additional or supplemental agreement and (2) require the payment of a royalty.
Source: Item 23 — Receipts (FDD pages 74–305)
What This Means (2025 FDD)
Based on the 2025 Aerus Franchise Disclosure Document, the franchisee acknowledges that Aerus and its affiliates operate existing businesses and systems. They may also establish new businesses and systems, including Aerus businesses, using the same or other assumed names, trade names, and trademarks as the Aerus Marks. These businesses and systems might offer products and services similar or identical to the products offered by the franchisee. Aerus or its affiliates can also grant licenses or franchises to third parties to do so within any part of the franchisee's Area of Responsibility, except as specifically limited by the rights granted to the franchisee under the franchise agreement.
The franchise agreement grants the franchisee the right to operate a franchised business in accordance with the agreement's terms. However, the franchisee does not acquire any rights to any other business or system owned, operated, or licensed by Aerus or its affiliates. Aerus and its affiliates retain all rights not expressly granted to the franchisee in the agreement.
Aerus reserves the right to introduce new products and services under the Aerus system. They can require or permit franchisees to provide, market, promote, distribute, or sell these new products and services through their franchised business. In connection with this, Aerus may require the franchisee to execute additional agreements and pay royalties. This indicates that Aerus retains control over the brand and its evolution, ensuring consistency across the franchise system while also exploring new market opportunities.