Can previous agreements between Aerus and the franchisee be used to interpret the current agreement?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
signate in writing.
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- Term. Unless sooner terminated as provided herein, the duration of the initial term (the "Initial Term") and the renewal term (the "Renewal Term") will be as stated in Schedule 1 attached hereto, which, collectively, shall constitute the "Term" of this Agreement. Upon the expiration of the Initial Term, Franchisee may renew the franchise for one (1) Renewal Term, provided Company is then offering new franchise rights for the establishment of Aerus Businesses in the State where the franchise subject to renewal is located and provided Franchisee meets all of the following conditions: (1) Franchisee has no uncured Event of Default under the Agreement at the time of renewal; (2) Franchisee gives Company written notice of Franchisee's desire to renew at least thirty (30) days prior to the end of the Initial Term; (3) Franchisee has achieved ten thousand dollars ($10,000) or more in Gross Sales each month during the prior six (6) months; (4) Franchisee executes Company's then-current form of franchise agreement, which, upon execution, will supersede this Agreement and which may differ from the terms of this Agreement, including, without limitation, the payment of higher or additional fees and revised Minimum Sales Requirements; (5) Franchisee pays Company a renewal fee of one hundred dollars ($100) (in lie
Source: Item 23 — Receipts (FDD pages 74–305)
What This Means (2025 FDD)
Based on the 2025 Aerus Franchise Disclosure Document, a franchisee renewing their agreement with Aerus will be required to execute the company's then-current form of the franchise agreement. This new agreement will supersede the previous agreement. The terms of the new agreement may differ from the original, potentially including higher or additional fees and revised minimum sales requirements.
This condition means that the terms of any prior agreements between the franchisee and Aerus cannot be used to interpret the new, current agreement. The franchisee must adhere to the terms outlined in the most recent franchise agreement. This is a standard practice in franchising, as franchise systems evolve and franchisors need to update agreements to reflect changes in the market, legal requirements, or the franchise system itself.
For a prospective Aerus franchisee, this highlights the importance of carefully reviewing the franchise agreement at the time of renewal. Franchisees should be prepared for potential changes in fees, sales requirements, and other obligations. It is also important to note that to renew the franchise agreement, the franchisee must be in good standing with Aerus, provide written notice of their intent to renew, meet specific sales targets, pay a renewal fee of $100, and execute a general release of claims against Aerus.