What is the purpose of the 'Agreement' section within the Aerus FDD?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
rtain other indicia or new or replacement trade names, trademarks, service marks as Company may prescribe from time to time, owned, licensed or otherwise contracted for by Company (the "Beyond Marks").
- B. Franchisee desires to participate in this opportunity to sell Beyond Products on the terms and conditions contained herein.
AGREEMENT
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- Grant of Right to Sell Beyond Products. Notwithstanding anything to the contrary found in the Franchise Agreement, Company herby grants to Franchisee the right and license, and Franchisee hereby accepts the right and obligation, to sell Beyond Products to Approved Customers within the Area of Responsibility, all in accordance with the terms and provisions of the Franchise Agreement and the Manuals, including the Policies and Procedures. Accordingly, the definition of "Products" in the Recitals of the Franchise Agreement is hereby supplemented and amended to include, but not be limited to, Beyond Products.
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- License of the Beyond Marks. Company hereby grants to Franchisee a limited non-exclusive right to use the Beyond Marks in strict accordance and compliance with the terms and conditions of the Franchise Agreement, the Manuals and any specific usage guidelines Company may impose from time to time. Accordingly, the definition of "Marks" in the Recitals of the Franchise Agreement is hereby supplemented and amended to include, but not be limited to, the Beyond Marks.
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- Manuals. The definition of "Manuals" in Addendum A of the Franchise Agreement is hereby supplemented and amended to include, but not be limited to, any confidential operations manuals, including the Policies and Procedures, and such other revised manuals and written materials (including electronically stored or communicated materials), that Company may develop or have developed for use in the operation of Aerus Businesses, including Franchised Businesses (as such may be reviewed by Company from time to time), that offer and sell the Beyond Products.
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- Subparagraph (u) of Section 15.B(1) of the Fra
Source: Item 23 — Receipts (FDD pages 74–305)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, the 'Agreement' section, specifically referencing an addendum to the Franchise Agreement, outlines the rights and obligations related to selling 'Beyond Products.' This addendum grants the franchisee the right and license to sell Beyond Products to approved customers within their Area of Responsibility, in accordance with the terms of the Franchise Agreement and associated manuals. It also grants a limited non-exclusive right to use the 'Beyond Marks'.
This section clarifies that the definition of 'Products' and 'Marks' in the original Franchise Agreement are supplemented to include 'Beyond Products' and 'Beyond Marks,' respectively. Furthermore, the definition of 'Manuals' is also updated to include any confidential operations manuals related to the sale of Beyond Products. This ensures that franchisees are authorized and have the necessary guidelines to sell these specific products under the Aerus brand.
In exchange for these rights, the franchisee must pay Aerus a one-time, non-refundable 'Beyond Fee' of $100 upon execution of the addendum. This fee represents the cost for the additional rights and privileges granted to the franchisee. This addendum also stipulates that a specific subparagraph within the original Franchise Agreement is deleted, indicating a modification of the original terms to accommodate the sale of Beyond Products. This addendum ensures that franchisees are properly authorized and trained to sell Beyond Products, and it outlines the associated fees and modifications to the original Franchise Agreement.